Date of Royal Seal and Publication: 2035.5.25 (1978)
[Official English Translation – Government of Nepal]
Prepared by Niti Partners and Associates, a leading law firm in Nepal.
Amending Acts: |
Act No. 27 of the Year 2035 (1978)
Preamble: AN ACT MADE TO PROVIDE FOR PROVISIONS RELATING TO TOURISM
Whereas, it is expedient to make necessary provisions for the health, facility and interest of tourists coming into Nepal and Nepali tourists visiting one place to another place of Nepal, and to maintain the economic interest of the general public by developing tourism in Nepal;
Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has made this Act on the advice and with the consent of the National Panchayat.
Chapter – 1: Preliminary
- Short Title, Extent and Commencement: (1) This Act may be called the ‘Tourism Act, 2035 (1978)’.
(2) This Act shall extend throughout Nepal.
(3) Chapter 4 of this Act shall commence on such date as the Government of Nepal may, by notification in the Nepal Gazette, appoint, and other Chapters shall commence at once. - Definitions: Unless the subject or context otherwise requires, in this Act,—
(a) “Tourist” means a non-Nepali citizen who comes to Nepal from a foreign country for visiting.
(a1) “Nepali Tourist” means a Nepali citizen who travels from one place to another within Nepal.
(b) “Travel Agency” means a person, firm or company, established under whatever name, providing arrangements for tour, accommodation and sight-seeing in places where modern transport facilities are available, for a fee, to tourists or other persons.
(c) “Trekking Agency” means a person, firm or company, established under whatever name, providing arrangements for travel for tourists or other persons for a fee in places where modern transport facilities are generally not available, for the purpose of sightseeing various natural and cultural attractions.
(d) “Mountaineering” means an act of climbing any specified peak of the Nepali Himalayan range by a team with the objective of reaching such peak.
(e) “Base Camp” means the camp set up at the lowest altitude accessible without special technical mountaineering gear, to supply necessary goods, food, medicine, etc., to advance camps and to give instructions regarding mountaineering.
(f) “Liaison Officer” means the liaison officer deputed by the Government of Nepal pursuant to Section 20 to accompany a mountaineering expedition team.
(g) “Sardar” means the headman who manages local workers, works as a mountain guide, and controls high altitude workers or base camp workers.
(h) “Mountain Guide” means a person who goes above the base camp to assist mountaineers in climbing operations.
(i) “High Altitude Worker” means a worker who carries necessary goods above the base camp.
(j) “Local Worker” means a porter who carries goods of a mountaineering team up to the base camp.
(k) “Base Camp Worker” means a person who works as a cook, mail carrier or performs similar other jobs at the base camp for a mountaineering team.
(l) “Mountaineering Association” means a mountaineering association registered under prevailing law and recognized by the Government of Nepal pursuant to Section 37 for the purpose of mountaineering.
(m) “Tour Guide” means a person who has obtained a license pursuant to Section 39 to work as a guide accompanying tourists for remuneration.
(n) “Prescribed” or “as prescribed” means prescribed or as prescribed in this Act or the Rules framed under this Act.
Chapter – 2: Provisions Relating to Travel and Trekking Agencies
- License to be Obtained to Work as Travel or Trekking Agency: (1) A person desirous of operating a travel or trekking agency shall obtain a license pursuant to this Act.
(2) A person desirous of obtaining a license for a travel or trekking agency shall submit an application to the Government of Nepal setting out the prescribed particulars.
(3) Upon receipt of an application pursuant to Sub-section (2), the Government of Nepal shall make necessary inquiries, and if it finds the applicant competent to operate a travel or trekking agency, it shall issue a license in the prescribed format upon collecting the prescribed fee.
(4) The license issued pursuant to Sub-section (3) shall be renewed within the prescribed period by paying the prescribed fee.
3A. Classification of Travel or Trekking Agency: (1) The classification of Travel or Trekking Agencies shall be as prescribed.
(2) The Government of Nepal may provide such facilities as prescribed to the travel or trekking agency classified pursuant to Sub-section (1).
- Disqualifications: The license under Section 3 shall not be granted to any of the following persons:—
(a) A person who is incompetent to enter into a contract under the prevailing law relating to contracts;
(b) A person who has been declared insolvent;
(c) A person whose license for a travel or trekking agency was revoked pursuant to Section 9 and a period of two years has not elapsed from the date of such revocation;
(d) A person convicted of a criminal offense involving moral turpitude and sentenced to imprisonment. - Information on Charges to be Given: (1) A travel or trekking agency licensed under this Act shall inform the Government of Nepal of the rates of fees to be charged from tourists for its services.
(2) The rates of fees informed pursuant to Sub-section (1) shall be published and publicized as prescribed by the Government of Nepal. - Bills to be Paid in Convertible Foreign Currency: (1) A travel or trekking agency providing services to tourists under this Act shall transact business in convertible foreign currency prescribed by the Government of Nepal, with bills payable in such currency.
(2) All foreign exchange transactions earned within Nepal or abroad pursuant to Sub-section (1) shall be conducted through the Nepal Rastra Bank.
(3) The Government of Nepal may inspect whether transactions are conducted in accordance with Sub-sections (1) and (2). - Power to Suspend License: (1) The Government of Nepal may suspend the license of a travel or trekking agency for a maximum period of six months under the following conditions:—
(a) If it violates any provision of this Act or the Rules framed hereunder; or
(b) If it becomes disqualified under Clause (b) or (d) of Section 4.
(2) Prior to suspending the license of any person to operate a travel or trekking agency pursuant to Sub-section (1), an opportunity shall be given to him/her to submit his/her defense, giving at least fifteen days for such submission.
7A. Power to Revoke License: If a travel or trekking agency suspended pursuant to Section 7 repeats an act of the same nature after the expiry of the suspension period, the Government of Nepal may revoke the license of such travel or trekking agency as prescribed.
- Operating Trekking Agency to Obtain License: (1) A person who operated a trekking agency with approval from the Government of Nepal prior to the commencement of this Act shall also submit an application to the Government of Nepal within the prescribed period setting out prescribed particulars to obtain a license under this Act.
(2) The Government of Nepal shall issue a trekking agency license to the person submitting an application within the time limit pursuant to Sub-section (1). - Penalties: (1) If any person establishes a travel or trekking agency or carries out or attempts to carry out transactions relating thereto without obtaining a license pursuant to this Act, the Government of Nepal may order the closure of such agency or transaction and impose a fine of up to Twenty Thousand Rupees on such person.
(2) If any person carries out travel or trekking agency operations during the suspension of the license pursuant to Section 7, the Government of Nepal may fine such person up to Twenty Thousand Rupees and also revoke the license of the travel or trekking agency obtained by such person.
(3) The Government of Nepal may fine a person who violates Sub-section (1) of Section 6 up to Forty Thousand Rupees for the first offense, and up to Eighty Thousand Rupees for each subsequent offense.
(4) If a person is punished three times or more under prevailing laws relating to foreign exchange for violating Sub-section (2) of Section 6, the Government of Nepal may revoke the license of such travel or trekking agency.
(5) A person aggrieved by an order passed by the Government of Nepal under this Section may file an appeal before the High Court within thirty-five days.
Chapter – 3: Provisions Relating to Tourist Standard Hotel, Lodge, Restaurant, Resort and Bar
- Registration as Tourist Standard: (1) If a person desires to register his/her hotel, lodge, restaurant, resort or bar as tourist standard, he/she shall submit an application to the Government of Nepal as prescribed.
(2) If the hotel, lodge, restaurant, resort or bar seeking registration pursuant to Sub-section (1) possesses the prescribed facilities, it shall be registered as tourist standard, and in the case of a hotel, it shall be registered under the prescribed tourist standard classification.
(3) The fees required for registering a hotel, lodge, restaurant, resort or bar pursuant to Sub-section (2) shall be as prescribed. - Constitution of Standard Determination Committee: (1) The Government of Nepal may constitute a Standard Determination Committee to render advice regarding the registration and classification of hotels, lodges, restaurants, resorts or bars as tourist standard.
(2) The Chairman and members of the Committee pursuant to Sub-section (1) shall be as prescribed by the Government of Nepal. - Power to Inspect or Test: (1) The Government of Nepal may inspect or cause the inspection of hotels, lodges, restaurants, resorts or bars registered pursuant to Section 10, and test or cause the testing of food and drink items used therein.
(2) If, upon inspection or testing pursuant to Sub-section (1), any hotel, lodge, restaurant, resort or bar is found not maintaining the prescribed standard, the Government of Nepal shall grant a reasonable time limit to maintain the prescribed standard.
(3) If the hotel, lodge, restaurant, resort or bar fails to maintain the prescribed standard within the time limit granted under Sub-section (2), the Government of Nepal may, upon consultation with the Standard Determination Committee constituted under Section 11, suspend the registration or reclassify it to a suitable lower standard.
(4) If a hotel, lodge, restaurant, resort or bar whose registration was suspended or reclassified to a lower standard pursuant to Sub-section (3) succeeds in maintaining its original prescribed standard, the Government of Nepal may restore its original registration or lift the suspension.
(5) Notwithstanding anything contained in Sub-section (4), if a hotel, lodge, restaurant, resort or bar whose registration has been suspended fails to maintain the original standard within one year from the date of suspension, the Government of Nepal may revoke its registration under Section 10. - Information of Rates to be Published: Every hotel, lodge, restaurant, resort or bar registered pursuant to Section 10 shall send the rate of its tariffs or prices to the Government of Nepal, and publish and publicize the same as prescribed by the Government of Nepal.
- Restrictions on Hotel, Lodge, Restaurant, Resort or Bar: (1) A hotel, lodge, restaurant, resort or bar not registered under Section 10 shall not:
(a) Use any word or sign on its signboard, advertisement or business indicating that it is a tourist standard hotel, lodge, restaurant, resort or bar; or
(b) Contact directly in foreign countries or advertise for making arrangements for the stay or fooding of tourists or enter into contracts with travel agencies abroad.
(2) A hotel registered under a specific classification pursuant to Section 10 shall not use any word or sign on its signboard, advertisement, or transaction implying a standard higher than its registered class. - Penalties: (1) If anyone operates any hotel, lodge, restaurant, resort or bar claiming it to be of tourist standard without registering it pursuant to Section 10, or violates Sub-section (1) of Section 14 by using any word or sign or contacting tourists, the Government of Nepal may fine such person up to Ten Thousand Rupees for the first time, from Ten Thousand Rupees to Thirty Thousand Rupees for the second time, and from Thirty Thousand Rupees to Fifty Thousand Rupees for each subsequent time.
(2) If anyone violates Sub-section (2) of Section 14, the Government of Nepal may suspend or revoke the registration of such hotel.
(3) If anyone obstructs the official deputed by the Government of Nepal pursuant to Section 12 from inspecting a hotel, lodge, restaurant, resort or bar or testing food and drink items, the Government of Nepal may fine such person up to Ten Thousand Rupees.
(4) A person aggrieved by an order issued by the Government of Nepal pursuant to Sub-sections (1), (2) or (3) may file an appeal before the High Court within thirty-five days.
Chapter – 4: Provisions Relating to Mountaineering
- Prohibition on Climbing Himalayan Peaks Without Permission: No mountaineering team shall climb any Himalayan peak without obtaining permission pursuant to this Act.
- Permission to be Obtained for Mountaineering: (1) A mountaineering team desirous of climbing any Himalayan peak in Nepal opened for mountaineering by the Government of Nepal shall submit an application to the Government of Nepal as prescribed.
(2) Upon receipt of an application pursuant to Sub-section (1), the Government of Nepal may, after necessary inquiry, issue a permit as prescribed if deemed appropriate.
(3) The conditions to be observed by the mountaineering team obtaining a mountaineering permit shall be as prescribed. - Royalty to be Paid for Mountaineering: (1) A mountaineering team obtaining permission pursuant to Section 17 shall pay the prescribed royalty in convertible foreign currency for the Himalayan peak of the prescribed height. Provided that, a Nepali mountaineering team or the Nepali side in a joint Nepali-foreign mountaineering team may pay the royalty in Nepali currency.
(2) The royalty paid by one mountaineering team shall not be transferred to another mountaineering team. - Route of Mountaineering: (1) A mountaineering team shall climb only through the route specified in the permit issued by the Government of Nepal for mountaineering.
(2) If it becomes necessary to change the route of mountaineering due to natural or other reasons, prior approval of the Government of Nepal shall be obtained. Provided that, if the route has to be changed urgently, information stating reasons thereof shall be given to the Government of Nepal through the Liaison Officer as soon as possible. - Liaison Officer: (1) A mountaineering team obtaining permission for mountaineering shall take along such number of Liaison Officers deputed by the Government of Nepal on its expedition.
Provided that, the Government of Nepal may specify Himalayan peaks for which taking a Liaison Officer is not required.
(2) The mountaineering team concerned shall provide the prescribed facilities to the Liaison Officer accompanying it pursuant to Sub-section (1) from the date of departure for the expedition until return to Kathmandu or any other place designated by the Government of Nepal upon completion of the expedition.
(3) The functions, duties and rights of the Liaison Officer shall be as prescribed. - Provisions Relating to Sardar, Mountain Guide, Base Camp Workers, etc.: (1) A mountaineering team may take along necessary Sardar, Mountain Guides, Base Camp Workers, High Altitude Workers and Local Workers while departing for mountaineering. When doing so, the team shall provide them with prescribed facilities from the date of departure until return to Kathmandu or any other place designated by the Government of Nepal upon completion of the expedition.
Provided that, the team shall mandatorily take along workers as prescribed.
(2) If necessary after departure for mountaineering, Base Camp Workers, High Altitude Workers, or Local Workers may also be engaged en route.
(3) The functions, duties, and rights of the Sardar, Mountain Guides, Base Camp Workers, High Altitude Workers, and Local Workers shall be as prescribed. - Must be Nepali Citizens: The Sardar, Mountain Guide, High Altitude Workers, Base Camp Workers, and Local Workers accompanying a mountaineering team must be Nepali citizens.
- Power to Dismiss from Work: (1) If the performance of any Sardar, Mountain Guide, High Altitude Worker, Base Camp Worker, or Local Worker is not satisfactory, the leader of the mountaineering team may, in consultation with the Liaison Officer, dismiss such person from work.
(1a) If any person is dismissed from work pursuant to Sub-section (1) before completion of the mountaineering expedition, such person shall return all supply goods received except clothes, boots, etc., already used on his body, back to the mountaineering team.
(2) The expenses required for a person dismissed pursuant to Sub-section (1) to return to the place where he was employed shall be borne by the mountaineering team concerned. - Medical Examination to be Conducted: (1) Prior to departure for mountaineering, the mountaineering team shall cause a medical examination of its team members, Liaison Officer, Sardar, Mountain Guide, High Altitude Workers, Base Camp Workers, and Local Workers.
(2) A person who is not found in satisfactory health condition upon medical examination pursuant to Sub-section (1) shall not be taken along. - Personal Accident Insurance to be Effected: (1) A mountaineering team shall, at its own expense, insure the Liaison Officer, Sardar, Mountain Guide, Base Camp Workers, and High Altitude Workers for personal accidents with a prescribed insurer for a prescribed amount prior to engaging them. Provided that personal accident insurance shall not be mandatory for Local Workers.
(2) If a person required to be insured under Sub-section (1) is engaged en route or due to any other reason dies or suffers injury in an accident before insurance could be effected, the mountaineering team concerned shall pay compensation to such person or his/her heir equal to the amount he/she would have received had the personal accident insurance been effected.
(3) If a Local Worker dies or suffers injury in an accident while engaged in work and was not covered by personal accident insurance, the mountaineering team concerned shall pay compensation to him/her or his/her heir pursuant to Sub-section (2).
Explanation: For the purpose of this Chapter:
(a) “Accident” includes sickness caused by snow or altitude sickness.
(b) “Period of Engagement” means the period from the date and place of agreement/appointment until return to the same place after completing the work. - Representative to be Appointed: (1) A mountaineering team shall appoint its representative to carry out necessary activities in Kathmandu while engaged in mountaineering, and inform the Government of Nepal accordingly.
(2) While appointing a representative pursuant to Sub-section (1), foreign or joint mountaineering teams (except Nepali teams) shall appoint a trekking agency licensed under this Act or an organization making arrangements for mountaineering.
(3) The functions and duties of the representative appointed pursuant to Sub-section (1) shall be as prescribed. - Bringing Mountaineering Equipment and Goods: (1) A mountaineering team permitted pursuant to Section 17 shall bring equipment and other goods related to its expedition into Nepal in required quantities only after obtaining prior approval from the Government of Nepal.
(2) If any mountaineering team brings equipment or goods secretly without informing the Government of Nepal, the Government of Nepal may confiscate such equipment or goods. - Reports on Mountaineering to be Sent: (1) The leader of a mountaineering team or a member acting on his/her behalf shall send periodic reports as prescribed through the Liaison Officer during the mountaineering period, or directly if there is no Liaison Officer.
(2) The leader of a mountaineering team shall submit a report as prescribed to the Government of Nepal within the prescribed time limit after completion of the mountaineering task. - Emergency Rescue Operation: (1) If an emergency rescue is required for a Liaison Officer, Sardar, Mountain Guide, High Altitude Worker, Base Camp Worker, Local Worker or mountaineer accompanying a mountaineering team, the rescue operations may be carried out through the representative appointed pursuant to Section 26 or through any organization established for rescue operations.
(2) All expenses incurred in carrying out rescue operations pursuant to Sub-section (1) shall be borne by the mountaineering team concerned.
29A. To Inform: (1) In the event of an accident involving a member of a mountaineering team, Liaison Officer, Sardar, Mountain Guide, High Altitude Worker, Base Camp Worker or Local Worker during mountaineering, or if anyone dies or goes missing due to an accident or any other reason, a full report containing complete details shall be submitted to the Government of Nepal by the Liaison Officer, team leader, or any member.
(2) On the basis of the report received pursuant to Sub-section (1), the Government of Nepal may formally notify the concerned person or body regarding the death or missing of such person.
- Environment to be Kept Clean: (1) A mountaineering team shall comply with the prescribed conditions to prevent environmental pollution while mountaineering.
(2) If any loss or damage is caused to life or public/private property due to failure to comply with the conditions prescribed pursuant to Sub-section (1), the mountaineering team concerned, or failing which, the recommending agency, shall pay compensation as determined by the Government of Nepal.
30A. Deposit May be Taken for Garbage Management: (1) The Government of Nepal may collect a garbage deposit as prescribed from mountaineering teams proceeding to climb specified Himalayan peaks.
(2) After the mountaineering team completes its climbing operation and brings back the prescribed items taken along and delivers them to the place specified by the Government of Nepal, the deposit money kept pursuant to Sub-section (1) shall be refunded as prescribed.
(3) If the mountaineering team fails to deliver the prescribed items to the specified place pursuant to Sub-section (2), the deposit kept under Sub-section (1) shall be forfeited, and arrangements shall be made to bring such items to the specified location.
- Broadcast of Mountaineering News: A mountaineering team shall not publish any news concerning mountaineering elsewhere while mountaineering is underway without informing the Government of Nepal.
- Obligations and Responsibilities of Team Leader: (1) The main responsibility to ensure compliance with this Act, the Rules framed hereunder, and the conditions specified in the mountaineering permit shall lie with the leader of the mountaineering team.
(2) Except as stated in Sub-section (1), other duties and responsibilities of the mountaineering team leader shall be as prescribed. - Power to Cancel Permit or Impose Restrictions: (1) If a leader or member of a mountaineering team violates this Act, the Rules framed hereunder, or any conditions specified in the permit, the Government of Nepal may at any time revoke the permit granted under this Act.
(2) If a mountaineering permit issued under this Act needs to be canceled due to special circumstances, the Government of Nepal may cancel such permit at any time with or without stating reasons. - Abandonment of Mountaineering: Any mountaineering team may abandon its mountaineering expedition at any time.
- Royalty Non-Refundable: If a permit is revoked pursuant to Sub-section (1) of Section 33 or if an expedition is abandoned pursuant to Section 34, the royalty paid by such mountaineering team shall not be refunded.
- Exemptions May be Granted: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may grant prescribed exemptions or concessions to Nepali mountaineering teams, specified mountaineering teams, or foreign mountaineering teams that include Nepali citizens as members.
- Membership of Mountaineering Association to be Obtained: (1) No Sardar, Mountain Guide, High Altitude Worker or Base Camp Worker who has not obtained membership of the Mountaineering Association shall accompany a mountaineering team, and no mountaineering agency shall arrange mountaineering operations without affiliation with the Mountaineering Association.
(2) The Government of Nepal may entrust the Mountaineering Association with the authority to issue permits for climbing specified Himalayan peaks.
(3) If the Mountaineering Association issues permits in exercise of the power delegated under Sub-section (2), full details of such permits shall be submitted to the Government of Nepal within fifteen days of issuance.
(4) The Government of Nepal may issue necessary orders or directions to the Mountaineering Association, and it shall be the duty of the Association to comply with such orders or directions. - Penalties: (1) The Government of Nepal may ban any mountaineering team or its members committing any of the following acts from entering Nepal for up to five years or from mountaineering in Nepal for up to ten years:—
(a) Climbing or attempting to climb any mountain peak without a permit;
(b) Climbing or attempting to climb any mountain peak not opened for mountaineering;
(c) Committing any immoral conduct or behavior during mountaineering;
(d) Failing to submit items/reports required to be submitted to the Government of Nepal within the prescribed time after completing mountaineering;
(e) Failing to observe prescribed conditions to prevent environmental pollution;
(f) Violating this Act, Rules framed hereunder, or conditions specified in the mountaineering permit.
(2) If a mountaineering team or member climbs a peak without a permit, the Government of Nepal may, if deemed appropriate, instead of taking action under Sub-section (1), impose a fine equal to double the amount of fee payable under this Act.
(3) If a mountaineering team or member climbs a peak not opened for mountaineering, the Government of Nepal may impose a fine equal to three times the royalty payable for the highest open peak.
(4) If an agency arranging mountaineering violates or abets violation of mountaineering provisions, the Government of Nepal may ban such agency from making mountaineering arrangements for one to five years, or impose a fine of Ten Thousand to Fifty Thousand Rupees, or both.
(5) If a team fails to keep the environment clean, a fine of up to Fifty Thousand Rupees may be imposed.
(6) If the Mountaineering Association fails to comply with directives, the Government of Nepal may revoke its delegated authority or recognition.
(7) Anyone abetting violation may be fined One Thousand to Ten Thousand Rupees by the designated authority.
(8) Appeal against orders under Sub-section (7) may be filed with the Government of Nepal within 35 days.
Chapter – 5: Provisions Relating to Tour Guides
- License to be Obtained for Working as Tour Guide: (1) A person desirous of working as a tour guide shall obtain a license under this Act.
(2) An application shall be submitted to the designated authority as prescribed.
(3) Applicants must pass the prescribed examination or training, after which a license shall be issued upon payment of the prescribed fee. - Disqualifications: A license shall not be granted to any person who: (a) Has been convicted of a criminal offense involving moral turpitude; (b) Suffers from mental illness or contagious disease; (c) Has had a tour guide license revoked under Clause (a) or (c) of Section 44 and three years have not elapsed.
- Term of License: (1) The validity of a tour guide license shall be five years.
(2) Renewal procedures and fees shall be as prescribed.
41A. Classification of Tour Guides: Classification of tour guides shall be as prescribed.
- Duplicate License: (1) If a license is lost, an application for a duplicate may be submitted within the prescribed period.
(2) A duplicate license shall be issued upon payment of the prescribed fee. - Prohibited Acts: A tour guide shall not: (a) Solicit or accept cash or kind from sellers/service providers when assisting tourists; (b) Coerce any tourist to engage him/her; (c) Transfer his/her license to another person.
- Power to Revoke License: (1) A license may be revoked if the guide is convicted of moral turpitude, becomes disqualified under Section 40(b), or violates Section 43.
(2) A 15-day notice to submit a defense shall be provided prior to revocation. - Penalties: (1) Working without a license attracts a fine of up to Four Thousand Rupees; working without renewal attracts a fine of up to Two Thousand Rupees.
(2) Other violations attract a fine of up to One Thousand Rupees.
(3) Appeals may be filed with the High Court within 35 days.
Chapter – 5A: Provisions Relating to Other Tourism Businesses
45A. Provisions Relating to Other Tourism Businesses: Registration, licensing, renewal, operation, suspension, and cancellation for rafting, gliding, ballooning, jungle safari, camping, hiking, bird watching, skiing, and other prescribed tourism businesses shall be as prescribed.
45B. Permission to be Obtained: Tourists participating in rafting, trekking, or activities listed in Section 45A shall obtain permission upon paying prescribed fees.
45C. Penalties: (1) Violating provisions of this Act/Rules by tourism operators attracts a fine of up to Twenty Thousand Rupees.
(2) Tourists engaging in activities without permission attract a fine of up to Ten Thousand Rupees.
(3) Appeals may be filed with the Government of Nepal within 35 days.
Chapter – 6: Miscellaneous
- Prohibition on Sale/Transfer of Goods Brought by Tourists: (1) The Government of Nepal may, by notification in the Nepal Gazette, prohibit tourists from selling, donating, or transferring ownership of specified imported goods within Nepal.
(2) Unauthorized transfers result in confiscation of goods and fines up to the value of goods imposed by the Chief District Officer (CDO).
(3) Appeals against CDO orders may be filed with the High Court within 35 days. - Submission of Reports and Inspection: (1) Licensed travel/trekking agencies, registered hotels/resorts/businesses shall submit periodic reports to the Government of Nepal.
(2) The Government may demand additional particulars at any time.
(3) Officials may inspect offices, operations, accounts, and records. - Business Not to be Transferred/Mortgaged: Licensed agencies or registered businesses shall not mortgage or allow others to operate under their business name. (Financial transactions with financial institutions are permitted).
48A. Special Provisions for Nepali Tourists: (1) Provisions for Nepali tourists shall be as prescribed.
(2) Specific provisions of this Act may be exempted for Nepali tourists via Gazette notification.
- Notice of Alteration in Particulars: Any change in particulars submitted during registration/licensing must be notified to the Government within 15 days.
- Notice of Closure of Business: If a business is closed, notice must be given to the Government within 15 days.
- Power to Give Directives: The Government of Nepal may issue directives regarding tourism development, which shall be binding.
- Fines and Appeals: (1) Failure to submit reports, obstructing inspection, violating Section 48, 49, 50, or 51 attracts a fine of up to Two Thousand Rupees.
(2) Appeals may be filed with the High Court within 35 days. - Delegation of Powers: The Government of Nepal may delegate any of its powers under this Act to any authority/officer via Gazette notification.
- Constitution of Committee: The Government of Nepal may constitute a Tourism Development Committee comprising government and non-government members.
- Non-Applicability to Government Operations: The Government may declare that any or all provisions of this Act shall not apply to travel agencies, hotels, or guides operated or appointed directly by the Government of Nepal.
- Power to Frame Rules: The Government of Nepal may frame Rules to implement the objectives of this Act.
57. Repeal and Savings: (1) The Tourism Industry Act, 2021 (1964) is hereby repealed.
(2) Licenses issued under the repealed Act shall be deemed issued under this Act.
(3) Hotels registered under the repealed Act shall be deemed registered under this Act