TRIBHUVAN UNIVERSITY

INSTITUTE OF ENGINEERING

Kathmandu Engineering College

Department of Computer Engineering

Assignment
Engineering Professional Practice

LAWS

Submitted To:

Er. Mahesh Singh Kathayat Sir

Submitted By:

Anurag Jha – 76015

BCT IV/II – ‘A’

Poush, 2080
1. NEPAL ENGINEERING COUNCIL ACT, 2055 (1999 AD):

The legislative cornerstone known as the Nepal Engineering Council Act

is the primary law accountable for instituting the NEC as a statutory
entity. This act delineates the council's objectives, operational roles, and
authority, supplying a complete overview of its purpose and capabilities.

Chapter -1
This regulation gives a top-level view of "The Nepal Engineering Council
Act, 2055 (1999)." The commencement of the act is contingent upon the
booklet of a observe within the Nepal Gazette by using His Majesty's
government. essential definitions consist of "Council," hooked up below
phase 3, "Chairman," denoting the head of the Council, and "Member,"
encompassing both the chairman and Member-Secretary. An individual
conserving at least a Bachelor's diploma in engineering from an
authorized university is identified as an "engineer." The term
"Engineering profession" pertains to the technical know-how and
capabilities implemented by way of engineers with targeted
qualifications. The act similarly gives precise definitions for numerous
phrases, along with "Registration book," "Registered Engineer,"
"Registrar," "difficulty Committee," and "Prescribed."

Chapter -2
With a focal point on the efficient registration of qualified engineers, the
self-sufficient Nepal Engineering Council was established thru the Nepal
Engineering Council Act with the objective of organizing and improving
the engineering profession. Endowed with the authority to own, gather,
and divest property, the council possesses perpetual succession and its
personal seal. Its charter carries participants of the engineering network
nominated or elected to serve 4-12 months terms. membership is
confined under conditions including intellectual illness, removal from the
Registration e book, financial disaster, convictions for crimes concerning
moral turpitude, and non-Nepalese citizenship. past the registration of
engineers, the council formulates rules, certifies educational
establishments, establishes engineering exercise necessities, and takes
disciplinary measures against registered engineers. The Member-
Secretary validates decisions made at least four instances a yr. in the
course of conferences chaired by means of the chairman. The act
underscores the council's responsibility for upholding professional
standards, ensuring the pleasant of schooling, and fostering an organized
approach to the engineering career in Nepal.

Chapter -3
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In adherence to the Nepal Engineering Council Act, it's far mandated that
one cannot interact in engineering exercise without registering with the
Council within 12 months from the commencement of the act. The
registration system entails filing a finished application alongside the
considered necessary documentation and charges. eventually, after the
Registrar conducts an inquiry, a topic Committee evaluates the utility
and, if deemed certified, recommends registration to the Council. Upon
approval, the Council data the name and troubles a certificate. The
removal of a registered engineer's call can also occur beneath specific
instances mentioned inside the document, such as mental incapacity,
financial disaster, breaches of expert behavior, criminal convictions, or
fraudulent registration. To ensure due procedure, a committee of inquiry
is installed. The Registrar notifies the person and revokes the certificates
if elimination is decided. Reregistration after a yr. is permissible upon the
submission of a well justified utility, difficulty to the Council's approval.

Chapter -4
Beneath the purview of the Nepal Engineering Council Act, the Council
is empowered to recognize ranges and credentials in engineering
conferred by way of educational establishments. info pertaining to these
recognitions are made public thru booklet inside the Nepal Gazette. The
Council possesses the prerogative to appoint inspectors for evaluating
exam structures and may solicit curriculum and admission information
from academic institutions. within the event that deficiencies are
recognized, the Council is authorized to file its findings to the
government. in the end, the government can also seek additional data,
behavior investigations, and, based on the effects, revoke popularity. The
withdrawal of popularity is formally communicated through a posted
observe inside the Nepal Gazette.

Chapter -5
The Nepal Engineering Council Act delineates the jobs, duties, and
authority vested in key officeholders within the Council. The Chairman,
entrusted with enormous duties, is tasked with prioritizing assembly
agendas, overseeing and evaluating the Council's plans and tasks, making
sure clean enterprise complaints, and executing different assigned duties.
inside the absence of the Chairman, these duties are assumed through the
Vice-Chairman. The Registrar, appointed by the government of His
Majesty, shoulders responsibilities encompassing general management,
fund oversight, asset management, formulation of annual programs,
finances execution, and performing as a liaison between the Council and
engineers. moreover, the Registrar conducts inner and final audits,

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undertakes tasks assigned by the Council, and fulfills different duties
mandated through the Act.

Chapter -6
The economic directives for the Council are explicitly defined in this Act.
The Council is remitted to uphold a distinct fund, comprising
contributions from the government of His Majesty, loans, donations,
service costs, and other sales streams. previous to obtaining loans,
donations, or assistance from international businesses, approval from the
authorities is needful. The budget received are deposited into a designated
bank account, with the operation of each the fund and account concern to
prescribed guidelines. The Act additionally confers upon His Majesty's
government the authority to scrutinize the Council's books and money
owed if deemed vital, outlining the methods for audits and the protection
of monetary statistics.

Chapter -7
The Nepal Engineering Council Act delineates consequences for
unauthorized engineering exercise, encompassing fines and
imprisonment. Violations of the Act may also result in sanctions which
includes fines and imprisonment. In times where the Council fails to
satisfy its responsibilities, His Majesty's government is empowered to
dissolve it, taking ownership of its property and retaining the budget till
the established order of a new Council. The Council is vested with the
authority to hire personnel, set up committees, and decide meeting costs.
The Act prescribes the jurisdiction for inquiries and investigations in
cases of offenses. The Ministry of work and shipping serves as the liaison
among the Council and the authorities, and, problem to authorities’
approval, the Council is allowed to formulate regulations and bye-laws.
moreover, it is able to expand the Annex via notifying engineering topics
thru the Nepal Gazette.

2. Contract regulation 2056 (2000)

The essence of the contract Act, 2056 (2000) lies in supplying a well-
defined framework for contractual relationships in Nepal, ensuring felony
clarity and equity in all contractual transactions.

Chapter -1
The "agreement Act, 2056 (2000)" right now establishes essential terms
important for contractual expertise. on this context, an "agreement"
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denotes a legally binding settlement between events for the execution or
nonexecution of work. An "idea" is defined as a presentation made to
solicit popularity of a particular direction of movement. The time period
"consent" indicates the approval granted by using the recipient of a
proposal, tantamount to accepting an offer. moreover, "attention"
embodies the commitment to perform or chorus from a specific motion in
change for the proposed mission.

Chapter-2
Nepal's agreement Act serves because the prison basis for binding
contracts, supplying complete definitions for pivotal phrases which
include "suggestion," "contract," and "consideration." The Act
underscores the autonomy of events in determining agreement terms and
conditions, addressing the competence of people getting into contracts. It
introduces clauses for contracts contingent on future events and
delineates the processes for contract formation, consent revocation, and
notion cancellation. significantly, the Act recognizes contracts made
available to the general public through classified ads and elucidates the
reimbursement for paintings completed in reaction to those proposals.
Functioning as a comprehensive manual, it introduces the idea of oblique
contracts, encompassing agreements reached under precise situations
without formal agreements, together with those involving primary needs,
bills on behalf of others, job placement, belongings bailment, and
reimbursements for misguided payments. additionally, the Act covers
contingent contracts, specifying instances in which duties stand up or
grow to be void primarily based on future events occurring or no longer
within predetermined timeframes.

Chapter -3
Nepal's contract Act categorizes void contracts as the ones containing
provisions that hinder criminal rights, limit engagement in lawful
professions, and impose restrictions on marriages. moreover, void
contracts encompass agreements which might be not possible to satisfy,
entered into for immoral purposes, or in violation of the law. In
comparison, voidable contracts are those who can be annulled with the
aid of the aggrieved birthday party, commonly springing up from
agreements made beneath coercion, undue affect, fraud, or deceit.
Coercion might also involve threats or the withholding of belongings,
even as undue affect encompasses exploiting individuals below
guardianship or monetary electricity. Fraud involves misleading behavior,
and deceit relates to functional misrepresentation or wrongdoing. In

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instances of voidable contracts, the injured party retains the option to
seek recovery to their pre-contractual role.

Chapter-4 of the act defined approximately Contracts regarding

guarantee, Indemnity and Subrogation. Contracts related to guarantee
contain a third birthday party making sure the repayment of a mortgage
or fulfilment of an obligation by some other character, with the agreement
required to be in writing. The surety's liability mirrors that of the debtor,
and precise situations may also unfasten the surety from responsibilities.
the connection between the surety and debtor is regulated, allowing the
surety to substitute the creditor after repaying the loan. Contracts related
to indemnity enable repayment for losses, damages, felony fees, and the
indemnity amount, with provisions to keep negligent individuals
accountable. Subrogation provisions dictate that the man or woman
purchasing losses can recover from the character inflicting the damage,
with rights and liabilities outlined by the contract or defaulting to
designated conditions.

Chapter-5 of the Act delves into contracts related to bailment. In a

bailment settlement, one party, called the bailor, entrusts their belongings
to another, known as the bailee, for precise purposes including
safekeeping or repair. The bailee assumes the duty to workout affordable
care over the assets and return it within the agreed-upon time-frame.
within the absence of communication regarding capability issues with the
belongings, the bailor holds the bailee accountable for any ensuing harm.
however, the bailee is exempt from liability in cases concerning
uncontrollable occasions without negligence. The bailor keeps the proper
to terminate the agreement and reclaim the assets at any time. If the
settlement is discovered to have unlawful reasons, it is deemed void.

Chapter-6 of the Act outlines Contracts regarding Collateral and Deposit.

In those contracts, an individual provides property or collateral as
warranty for the overall performance of labor or to relaxed credit score.
The contract specifies that the collateral or deposits need to be back once
the work is finished or the credit score has been repaid. inside the
occasion of default, the creditor may also pursue prison moves, which
include selling or bidding at the collateral. The settlement turns into null
and void, and the birthday party receiving the collateral forfeits any rights
to the assets if it is pledged without proper identify. Contracts that
prioritize second lenders are deemed null and void, however in instances
of more than one lender with shared collateral, they've identical claims.
within the occasion of delayed repayment, the man or woman pledging
the belongings is answerable for additional costs.
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Chapter – 7 of the Act elucidates Contracts regarding the Sale of goods.
This agreement delineates the sale of goods, emphasizing the conditions
for its end result, whether or not it includes immediately or destiny
transport. It encompasses provisions for voiding contracts in the occasion
of damage to unique items, establishes pricing and price terms, and
addresses troubles of merchantable first-rate. The client's entitlement to
look at goods, the transfer of ownership, and the risks associated with the
transport of products also are expounded upon. The document in addition
incorporates clauses for compensations in instances of a purchaser's
refusal to just accept items or a seller's failure to deliver, offering insights
into the willpower of reimbursement based totally on marketplace costs.

Chapter- 8 of the Act info Contracts referring to corporation. This

segment outlines the responsibilities and appointment of sellers,
addressing the recognition of transactions performed with the aid of
marketers on behalf of the predominant. It allows the designation of
subagents, delineates the obligations of retailers, and discusses the private
liability of agents in specific situations. The Chapter also covers the
termination policy of the company, regulations on unjustly disposing of
retailers, and the repercussions whilst an agent makes a decision to
surrender.

Chapter-9 of the Act offers insights into Contracts relating to

Transportation of products. these contracts involve the motion of
products, with the receipt issued by way of the transporter serving as
evidence of the settlement. Transporters are obligated to fulfill their
responsibilities, and that they bear obligation for any loss or damage to
the products throughout transportation. In times of multi-delivery, the
initial transporter is typically held responsible. The liability of the
transporter is normally limited, except the owner declares a specific price
for the goods. better cost. repayment is needed for loss or damage, and
liability ends upon a hit delivery or go back of goods.

Chapter -10 of the Act info Time, manner, and region for appearing
Contracts. It stipulates that contracts have to be performed in accordance
with the specified timeline and protocol mentioned in the settlement.
within the absence of particular commands, duties have to be completed
promptly the use of affordable techniques. The region of settlement
performance is decided by using the situations of the contract, trendy
method, or the character of the work. Contracts can be exempt from
execution under certain situations, such as mutual consent, voidable

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contracts, breach by way of one celebration, or while the law deems it
needless.

Chapter -11 of the Act delves into Breach of contract and remedies. A
breach of settlement happens whilst a celebration fails to carry out as
anticipated or indicates its incapability to accomplish that. The injured
birthday celebration has the choice to seek damages for real or
anticipated losses as opposed to fulfilling their contractual obligations.
The reimbursement amount is decided based on actual losses incurred,
except hypothetical or indirect losses. In cases of settlement cancellation,
refunds are due, and the aggrieved birthday celebration may additionally
get better reasonable fees. positive situations supply the proper to are
trying to find honest settlements. specific performance, or the success of
agreement phrases, is allowed when monetary repayment is deemed
inadequate, besides in unique situations. The injured celebration may
additionally request additional damages if the non-compliance keeps
regardless of courtroom orders to end actions against the contract.

3. Labor regulation 2017(2074)

The labor regulation commonly delineates the terms and situations of

employment contracts, encompassing provisions related to diverse factors
inclusive of running hours, wages, benefits, and leave entitlements.

Chapter-1 of the Labor Act, 2017 (2074) establishes the Act's short
identify, graduation, and defines key terms which includes "fundamental
remuneration," "leader government," and "place of business." It also
offers definitions for phrases like "Lockout," "Inspector,"
"Remuneration," "agency," and greater.

Chapter-2 of the Labor Act delves into fundamental labor-associated

provisions. It emphasizes the prohibition of employment contracts with
inadequate reimbursement or benefits, setting up minimal requirements
for employee safety. The Chapter additionally addresses problems along
with baby labor, compelled labor, and organization discrimination based
totally on different factors. Importantly, it affirms employees' rights to
prepare exchange unions and underscores their entitlement to are trying
to find redress in cases where their rights are violated by the Labor Act or
different laws. This Chapter units the basis for ensuring fair and equitable
labor practices.

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Chapter-3 of the Labor Act, 2017 (2074) affords definitions for various
kinds of employment, establishes the prohibition of employment without
a settlement, and addresses issues associated with disputes and probation
intervals. moreover, this Chapter encompasses provisions concerning the
continuity of employment in the course of adjustments in possession and
durations held in reserve. It plays an essential role in shaping the
framework for unique kinds of employment relationships and the
associated guidelines, making sure readability and equity within the
employment panorama.

Chapter-4 of the Labor Act concentrates on trainees and apprentices,

permitting establishments to interact apprentices in collaboration with
academic institutes. This Chapter delineates barriers on operating hours,
protection provisions, compensation for accidents, and the
responsibilities of employers all through the apprenticeship period.
moreover, it permits on the-job training for trainees beneath specific
situations. This Chapter establishes hints to ensure an established and
useful learning revel in for people undergoing schooling and
apprenticeship within companies.

Chapter-5 of the Labor Act addresses part-time labor, permitting

employers to lease them with the consent of full-time workers. It
establishes standards for remuneration, which includes time beyond
regulation pay, and ensures that parttime laborers are not constrained
from operating somewhere else. The Chapter also mandates social
protection contributions from every organization for part-time laborers
with more than one employer. This Chapter is designed to offer a
framework for honest and equitable treatment of element-time workers,
defining their rights, remuneration, and social security contributions.

Chapter-6 of the Labor Act, 2017 (2074) delineates provisions related to

paintings allows for overseas citizens. It imposes restrictions at the
employment of foreigners without a legitimate work permit, with
exceptions made for professional labor no longer conveniently available
among Nepali citizens. The Chapter also addresses language
requirements for contracts, outlines guidelines for the repatriation of
remuneration, and specifies conditions for the employment of overseas
labor. This Chapter establishes the regulatory framework for the
employment of foreign workers, ensuring compliance with felony
requirements and fostering transparency inside the hiring system.

Chapter-7 of the Labor Act concentrates on working hours, stipulating

limits of eight hours consistent with day and 40-eight hours in keeping
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with week. This Chapter mandates relaxation durations, prohibits the
coercion of people to paintings overtime, and establishes conditions for
time beyond regulation paintings, such as additional remuneration. The
provisions on this Chapter are designed to make sure the properly-being
of workers through placing affordable limits on operating hours,
promoting rest intervals, and compensating workers pretty for any extra
time paintings carried out.

Chapter-8 of the Labor Act encompasses provisions associated with

remuneration, entitlements, price intervals, festival charges, and
prohibitions on deductions. It outlines annual increments, competition
charges, and restrictions on deductions from remuneration, making sure
truthful and simply employment practices. The Chapter also addresses
remuneration at some stage in reserve periods and outlines tactics for
recovering unpaid amounts. those provisions intention to set up a
transparent and equitable system for compensating employees, outlining
their entitlements and protecting them from unfair deductions.

Chapter 9: Provisions relating to leave This Chapter outlines the policies

regarding special kinds of leaves for employees, consisting of weekly go
away, public depart, substitute leave, home depart, sick leave, maternity
depart, mourning go away, and the accumulation of leave. It additionally
specifies situations and approaches for each sort of depart.

Chapter 10: Provisions relating to Provident Fund, Gratuity, and

coverage, this Chapter covers the company's obligations regarding the
deduction and deposit of budget for the provident fund and gratuity of
workers. It also mandates clinical and unintentional insurance for
personnel and establishes conditions for repayment in case of injuries.

Chapter 11: Provisions referring to deliver of Labors This Chapter

addresses the employment of people via labor suppliers. Its info the
licensing process for groups supplying labor, their responsibilities, and
the responsibilities of primary employers. The Chapter additionally
covers the revocation or suspension of licenses, fines, and the liability of
primary employers for employees furnished without proper licensing.

Chapter 12 of this criminal act outlines provisions related to occupational

protection and fitness. It covers the formula and registration of protection
and fitness rules with the aid of employers, their duties in the direction of
labor and non-labor employees, as well as responsibilities of
manufacturers, importers, and suppliers. The Chapter also information the
responsibilities of labor, the formation of safety and fitness committees,
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and techniques for stopping work in case of immediately chance. special
provisions, together with protection requirements, inspection protocols,
and measures for controlling infectious diseases, also are certain. The text
emphasizes the significance of data dissemination, reporting injuries, and
imparting treatment for occupational illnesses.

Chapter 13 outlines precise responsibilities for employers in diverse

industries, which includes tea estates, creation, shipping, tourism,
domestic paintings, and seasonal establishments. It consists of provisions
for accommodations, clinical offerings, protection, and unique policies
for every quarter. Chapter 14 focuses on fair labor practices, emphasizing
ethical behavior for employers, firms, and exchange unions, outlining
moves deemed unfair labor practices and aiming to make certain simply
remedy and compliance with labor legal guidelines.

Chapter 14 emphasizes truthful labor practices, prohibiting movements

like noncompliance with labor laws, interference in union capabilities,
developing fake proof, and assaulting workers. The Chapter additionally
addresses unfair practices with the aid of alternate unions, such as
pressurizing people, pressured collection of donations, and unlawful
activities. Its objectives to foster a harmonious paintings surroundings
and ethical behavior between employers, firms, and change unions,
promoting a simply and compliant labor panorama.

Chapter 15 of the document outlines provisions associated with

inspection. It covers the status quo of Labor places of work, appointment
of inspectors, and their powers, capabilities, and obligations. The office is
tasked with monitoring the implementation of labor legal guidelines,
engaging in inspections, imparting schooling, and making sure
compliance with standards. The Chapter emphasizes the significance of
cooperation among labor and management in the course of inspections.

Chapter 16 introduces the principal Labor Advisory Council, consisting

of government officials, company and exchange union representatives,
and professionals. The Council's capabilities include advising the
government on labor rules, recommending reforms in labor laws, and
coordinating efforts to hold commercial peace. The report emphasizes the
Council's position in selling truthful labor practices and vocational
education.

Chapter 17 outlines provisions associated with the inner management of

organizations. It covers the authority of businesses to create bye-laws for
inner management, the approval process, and registration of bye-laws. It
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emphasizes session with authorized change unions and addresses the
decision of conflicts between bye-legal guidelines and existing laws or
agreements.

Chapter 18, "settlement of person Disputes," discusses the submission of

character claims, the function of the business enterprise, and the
technique for settling disputes. It also introduces the choice to contain the
workplace for mediation if disputes are not resolved thru direct
negotiation.

Chapter 19, "settlement of Collective Disputes," introduces the formation

of a collective bargaining committee in organizations with ten or extra
people. Its information the submission of collective claims, negotiation
tactics, and the options for agreement via mediation, arbitration, or strike
moves. The Chapter emphasizes the binding nature of arbitral awards and
collective agreements.

Chapter 20 of the file outlines provisions related to behavior and

punishment inside the context of labor. It covers numerous styles of
misconduct and the corresponding punishments, ranging from reprimand
to dismissal. The Chapter also addresses issues such as sexual harassment
and presents pointers for the suspension of labor. The authority to impose
punishment, the period for decision-making, and the opportunity of
remitting punishments are mentioned.

Chapter 21 of the Labor Act specializes in the termination of

employment. It underscores that employment must only be terminated in
accordance with the Act and related rules. The Chapter specifies
situations for terminating time-based and paintings-based employment,
permitting voluntary termination, and grounds for termination primarily
based on incompetence or fitness reasons. notice durations for
termination are outlined, and provisions for retrenchment and compulsory
retirement are protected. The document additionally addresses the fee of
advantages upon termination and prioritizes the rights of people in case
of the closure or liquidation of a corporation. This Chapter affords a
complete framework for the fair and lawful termination of employment
relationships, making sure the safety of people' rights.

4. Copyright Act 2059 (2002)

The Act typically delineates the scope of copyright protection, specifying

the varieties of works covered. those may additionally consist of
innovations, literary works, creative creations, and musical compositions,
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among others. The Act establishes the parameters and situations below
which copyright safety is granted to individuals or entities for their
creative or intellectual endeavors.

Chapter 1: Initial
This Chapter serves as a creation to the Copyright Act, 2059 (2002) and
provides definitions for key terms vital to expertise the regulation. those
consist of "paintings," "writer," "audio-visual paintings," "photographic
work," "sound recording," "overall performance," "financial right,"
"copyright owner," "broadcasting," "communique to the public," and
"ethical proper." moreover, the Chapter outlines the scope of safety
afforded to diverse styles of works below the Copyright Act. This
foundational data units the stage for a complete expertise of the Act's
provisions and the rights and duties it confers upon creators and
copyright owners.

Chapter 2 of the Copyright Act delves into the acquisition and protection
of copyright. It stipulates that copyright protection extends to numerous
works, inclusive of translations, arrangements, and by-product works.
while registration is not mandatory, it may be pursued voluntarily. The
Chapter gives distinctive insights into the financial and moral rights of
authors, owners, performers, sound recording manufacturers, and
broadcasting organizations. It also outlines criteria for international
reputation and protection of works, emphasizing the rights of authors in
Nepal or global change corporation member international locations. The
Chapter establishes the length of protection for one-of-a-kind categories
of works, performers, sound recording manufacturers, and broadcasting
businesses. additionally, it addresses the difficulty of affordable
remuneration for using sound recordings and defines the rights of
broadcasting companies, specifying the acts they're entitled to carry out.
In essence, Chapter 2 establishes a comprehensive framework for
copyright safety, acknowledging a vast spectrum of innovative works and
ensuring international reputation and rights for diverse stakeholders
within the creative technique.

Chapter 3: Time period of safety of Copyright

This Chapter outlines the period of protection for both monetary and
ethical rights below the Copyright Act. It specifies the protection
intervals based on various factors, consisting of the lifestyles of the
author, joint works, anonymous works, implemented art, and
photographic works. additionally, the Chapter addresses the safety time
period for works posted after the writer's loss of life. by way of setting up
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clear and defined periods of protection, this Chapter guarantees that
creators, authors, and copyright owners have a clear knowledge of the
temporal scope of their rights beneath the law.

Chapter 4 of the Copyright Act delineates the circumstances under which

copyrighted materials may be used without specific authorization. It
allows the duplicate of small portions of posted works for private use,
except specific categories together with architectural and construction-
associated designs, together with vast portions of books or musical works
via virtual transmission. The Chapter allows for citation of quantities of a
piece for fair use, requiring acknowledgment of the source and creator.
reproduction for instructional functions, along with quotation, writing, or
audio-visible aids, is authorized without prejudicing the economic rights
of the author or copyright proprietor. Libraries and records are permitted
to breed one replica of a piece for research or take a look at purposes.
moreover, the Chapter permits for the duplicate, broadcast, and verbal
exchange of sure works for information dissemination to most of the
people, supplied that the source and author are stated. Importation of 1
replica of any work for personal use is allowed, and public exhibition of
works without the use of precise devices is permitted underneath the
prerequisites mentioned on this Chapter.

Chapter 5: Switch of Copyright

This segment elucidates the mechanisms for shifting both financial and
moral rights in copyright thru written agreements. It gives copyright
proprietors with the authority to authorize others to use their rights, with
or without precise phrases. considerably, it safeguards ethical rights even
beyond the original holder's lifetime. Transferees are sure via the sports
exact inside the agreement, ensuring a clear delineation of the scope and
barriers of the transferred rights. This segment establishes a legal
framework for the formal and documented transfer of copyright related
rights, maintaining readability and criminal validity in such agreements.

Chapter 6: Infringement of protected proper and Punishment

This Chapter explores acts classified as copyright infringement,
encompassing activities including duplicate, commercial, and importation
of copyrighted substances. The file outlines consequences for such
infringement, spanning fines to imprisonment. furthermore, it empowers
the government to capture and destroy infringing copies. additionally, the
Chapter mandates compensation for copyright owners who incur losses
due to infringement, emphasizing the felony effects and economic
reparations associated with violating copyright protections.

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Chapter 7 of the Copyright Act encompasses miscellaneous provisions
that contribute to the powerful implementation of copyright regulations.
It designates a Registrar chargeable for overseeing royalty collection our
bodies and dealing with related proceedings, with provisions for appeals
towards the Registrar's selections. The Chapter grants police the authority
to seize and search copies suspected of copyright infringement, with
seized copies subject to destruction. Customs officers are empowered to
save you the importation of unauthorized copies. cases associated with
copyright infringement fall under the jurisdiction of the district court
docket, handled as nation cases, with cops answerable for investigations.
The Chapter establishes a 3-month problem for submitting infringement
instances. Provisions for royalty accumulating bodies, authorities
copyright, and year calculation also are outlined. The authorities are
authorized to border regulations, and the Copyright Act of 2022 is
repealed, with acts beneath it deemed relevant. these miscellaneous
provisions make contributions to the clarity and effectiveness of
copyright enforcement mechanisms.

5. The public Procurement Act, 2063 (2007)

The Act commonly outlines the goals of public procurement,

emphasizing principles consisting of transparency, competition, and
financial system.

Chapter 1 of the general public Procurement Act, 2007, features as an

advent, supplying crucial information about the short title and graduation
of the act. A key factor of this Chapter is the definition of critical terms
inclusive of "procurement" and "public entity," which collectively
encompass a numerous array of presidency bodies. The inclusion of
entities like Constitutional organs, organizations, and neighborhood our
bodies underscores the act's complete scope, indicating its applicability
across diverse sectors of presidency. This Chapter lays the basis for the
adherence to prescribed procedures at some stage in procurement, setting
the stage for the designated guidelines and methods expounded inside the
subsequent sections of the act.

Chapter 2 of the public Procurement Act, 2007, delves into essential

elements of the procurement manner, emphasizing key factors for an
obvious and effective gadget. It highlights the importance of presenting
precise descriptions of goods, creation works, or services earlier than
beginning procurement and introduces an obligatory requirement for cost
14
estimates. The Chapter introduces the idea of a master procurement plan
for higher-cost procurements, making sure strategic planning and
oversight. duties in procurement sports are outlined, with a focal point on
the pivotal function of the leader of the general public entity and the
establishment of a devoted procurement unit.

Moreover, the Chapter explores numerous procurement methods, with a

choice for open bids to foster fair competition. It establishes stringent
qualifications for bidders or proponents, with a particular emphasis on
professional and technical standards. The act lets in for the
disqualification of bidders in case of fake or incomplete statements,
similarly ensuring integrity and accuracy in the procurement manner.
overall, Chapter 2 lays the muse for a scientific and accountable approach
to public procurement.

Chapter 3 of the general public Procurement Act, 2007, outlines the

technique and tiers of bidding. It introduces strategies of inviting bids:
open bids without or with prequalification. Prequalification is required
for huge or complex production works or high-price items. The Chapter
information the coaching of prequalification and bidding files, including
criteria, commands, and assessment methods. It emphasizes transparency,
providing bid data to applicants and coping with bid rejections. The
Chapter additionally covers global stage bidding and the function of
marketers. It discusses the opening and examination of bids, bid
protection, and the assessment procedure, making sure compliance with
criteria. moreover, it addresses the rejection of bids or the cancellation of
procurement court cases below precise circumstances.

Chapter 4 outlines the approaches for shopping consultancy offerings by

using public entities. It covers the conditions beneath which consultancy
offerings can be obtained, the process of soliciting expressions of interest
and recommendations, the evaluation of technical and economic
proposals, and the final choice of a proponent for agreement negotiation.
The Chapter also includes provisions for rejecting proposals or cancelling
procurement lawsuits beneath certain situations. average, it establishes an
established and obvious framework for the procurement of consultancy
services.

Chapter 5 introduces additional provisions related to procurement,

overlaying sealed quotations, direct procurement, special provisions for
ration procurement, renting homes and land, obtaining services on
settlement, construction works through users' committees or beneficiary
groups, pressure account, and paintings done by means of non-
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governmental companies. It specifies conditions for sealed quotations,
outlines circumstances for direct procurement, and establishes special
techniques for ration procurement. The Chapter also lets in for renting
property and acquiring services via contracts, involvement of users'
committees or beneficiary groups in construction works, pressure account
for specific sorts of work, and collaboration with non-governmental
agencies for certain services. The prescribed methods and conditions for
every sort of procurement are emphasized in the course of the Chapter.

Chapter 6 outlines the strategies for the evaluate of procurement lawsuits

and decisions. It lets in bidders to record programs for evaluate before the
chief of the worried Public Entity in opposition to errors or selections
made during procurement, with the chief accomplishing an inquiry and
issuing a choice. For quantities under a prescribed threshold, the leader's
decision is final. If disenchanted or for better quantities involving
concluded contracts, applicants can attraction to an overview Committee,
which must decide within thirty days. The committee might also dismiss
the utility, order corrective actions, annul selections, or advise repayment.
A prescribed security should be deposited, forfeited if the utility is
dismissed, and procurement complaints are withheld pending the
committee's selection, with exceptions for urgency or delayed decisions.

Chapter 7 focuses on procurement contracts, emphasizing their necessity

for transactions exceeding a designated cost. It highlights vital phrases,
situations, and procedures, taking into consideration contract
amendments with mutual consent at the same time as preserving the core
nature of the work. The Chapter introduces "version orders" for
unforeseen situations and addresses price modifications, settlement length
extensions, dispute resolution, and price techniques. It additionally
outlines grounds and tactics for terminating contracts, ensuring
transparency and fairness in procurement techniques.

Chapter 8 outlines the behavior anticipated from officials worried in

public procurement proceedings and bidders or proponents. officials are
required to discharge their responsibilities impartially, keep away from
conflicts of interest, maintain confidentiality, and refrain from corrupt
practices. Bidders or proponents have to comply with responsibilities
outlined within the Act, guidelines, and procurement contracts, refraining
from unsuitable inducement, misrepresentation, corrupt practices, and
interference in the procurement technique. The Chapter introduces
provisions for blacklisting people or entities involved in serious
misconduct, consisting of violating conduct policies or failing to fulfil
procurement agreement obligations. Blacklisted entities are barred from
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participating in public procurement for a precise duration, with provisions
for exclusion from the blacklist under sure standards.

Chapter 9 establishes the general public Procurement monitoring office,

tasked with overseeing procurement activities. The office, led through a
special-elegance civil servant, has various capabilities, consisting of
recommending reforms, issuing guidelines, making ready popular files,
accumulating procurement records, supplying critiques, running a
website, and coordinating education. It also manages the blacklist,
critiques procurement strategies, and coordinates help. however, the
office can't have interaction in different entities' procurement or solve
related disputes. It serves as the secretariat for the review Committee and
submits an annual procurement report to the authorities.

Chapter 10 covers miscellaneous provisions in public procurement. It

allows immediate procurement in unique occasions to save you further
loss, details verbal exchange strategies, permits electronic transactions,
mandates the book of criminal files at the internet site, and requires the
formation of an evaluation committee. It emphasizes document-retaining,
presents the electricity of delegation to in a position authority, and gives
the government the authority to make regulations. current laws associated
with procurement are repealed and amended thus.

6. Business enterprise Act, 2063 (2006AD)

The "corporations Act, 2063(2006)" of Nepal, which became powerful on

6 October 2006, governs the established order and functioning of
corporations, encompassing critical definitions including business
enterprise kinds (private, public, foreign), roles (officer, director), and
critical files (memorandum, articles, prospectus). This complete
regulation outlines share categories, debentures, and introduces
regulatory entities, offering a sturdy framework for the organizational
structure, governance, and operations of companies in Nepal.

The "Businesses Act” in Nepal is instrumental in overseeing the

incorporation, registration, and conversion of groups. It lays down
specific processes for people or corporations, with not less than seven
promoters required for public agencies. The Act delineates the utility
procedure, important documents, and conditions for both non-public and
public agencies, consisting of capital and shareholder limits. It without a
doubt defines the Registrar's function in implementation, issuance of
directives, and the delegation of powers. The Act additionally addresses
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the conversion of personal to public companies and vice versa, detailing
occasions, utility approaches, and next responsibilities. furthermore, it
clarifies the felony standing of pre-incorporation contracts, distinguishing
proposed contracts from those binding at the agency put up-
incorporation.

Chapter-3 of the Act focuses on key provisions associated with the

Memorandum of affiliation, Articles of association, and tactics applicable
to agencies. The Memorandum of affiliation consists of important details
which includes the business enterprise's call, registered workplace
address, targets, legal and issued capital, types of shares, and regulations.
It also covers share subscriptions, valuations, and special privileges. The
Articles of affiliation delve into procedural elements, governance
structure, powers of administrators, percentage-associated processes,
money owed, audit, and other important information. The Chapter
emphasizes the importance of transparency through the guide of those
files for public businesses, the issuance of prospectuses, and the legal
responsibility of administrators for prospectus content. additionally, it
outlines the use of the company's seal and affords for duplicate copies of
documents.

Chapter-4 of the Act outlines regulations and tactics governing stocks and
debentures in each personal and public companies. It covers face fee
willpower, boundaries on application amounts, and the allotment
procedure for public businesses. The Chapter also addresses the situations
for issuing stocks at a premium and the possibility of various lessons of
shares with wonderful rights. For debentures, it delves into their issuance,
requiring an authorized debenture trustee, agreement specs, and periodic
reporting to the trustee. The Chapter establishes the rights and liabilities
of debenture trustees, emphasizing their role in representing debenture
holders in the course of insolvency and the capacity to provoke legal
actions on their behalf.

Chapter-5 outlines’ provisions related to well-known meetings of

agencies. It distinguishes between annual trendy meetings and extremely
good preferred conferences, specifying note requirements, agenda items,
and procedures for each type of meetings. The Chapter covers topics
consisting of quorum, balloting rights, the function of directors, and the
instruction of documents for annual well-known meetings. additionally, it
addresses the submission of annual reviews to the regulatory office, the
obligations of public corporations, and the results for non-compliance
with reporting requirements.

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Chapter-6 covers diverse factors of corporation governance, together with
the appointment and qualifications of directors, their disqualifications,
disclosure requirements, board conferences, and transactions related to
directors. The Chapter emphasizes the need for transparency, honesty,
and compliance with enterprise laws, outlining the powers and
obligations of directors, appointment of dealing with directors, and the
prohibition of loans to officials or shareholders.

Chapter-7 calls for companies to maintain money owed in Nepali or

English, following double-access standards. directors are answerable for
compliance, and non-compliance can cause consequences.

Chapter-8 outlines the audit system, requiring every employer to rent an

auditor. Auditors ought to certify balance sheets, signal reports, and be
paid by means of the organization. There are regulations on auditor
elimination, and the agency have to percentage audit reports with
shareholders, establishing policies for monetary transparency and
responsibility.

The employer Act possesses the authority to cancel an enterprise's

registration beneath sure instances, together with failure to begin
commercial enterprise, default in filing returns or paying fines, or if there
is an affordable belief that the employer is not operational. The agency is
given observe and an opportunity to reply, and if the registration is
cancelled, liabilities devolve on shareholders. The cancelled employer
cannot operate underneath the same call, and any closing property may be
lower back to shareholders. section 137 outlines the system for restoring
a cancelled registration if a petition is made to the courtroom within five
years, considering elements like ongoing business and right asset control.
If restored, the enterprise is deemed to have existed from its original
registration date.

The company Act additionally outlines the registration technique for

overseas groups running in Nepal. foreign agencies have to check in their
branch or liaison workplaces with the workplace, with certain exceptions
for particular sports like percentage investment with approval. The utility
technique includes obtaining permission, submitting required files, and
paying charges. Registered foreign companies should comply with
reporting and auditing requirements, filing annual economic statements.
There are regulations on issuing stocks or debentures inside Nepal. The
section also covers the submission of documents, strength of legal
professional, and the procedure for cancellation of registration, along
with settling liabilities and starting up insolvency proceedings.
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This segment discusses the proceedings and proceedings related to
instances beneath the Act. cases can be filed by using the workplace,
directors, officials, shareholders, or different involved individuals

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