cjjoor) ~l ~o&~ gathan aadesh.pdf · who have obtained at least bachelor's degree in...
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volume 56,Number-26, Nepal Gazette, Part 3, Dated 2063/07/13 {October 30, 2oo6}
Notice-1
of
Government of Nepal
Ministry of Industry, Commerce and Supplies
Tradeand ExportPromotionDevelopmentBoard(Formation)Order,
2063 [ 2006A.D.)
In exercise of powers conferred by Section 3 of the
DevelomentBoard Act, 2013 [195GA.D),the Govemment of Nepal
has issued the following orders.
1. Short Title and Commencement:
These Orders may be' called "Trade and Export
Promotion Development Board (Formation)Order,
2063 [2006A.D.)".
2. These orders shall come into force at once.
2. Definition:
Unless the subject or Gontext otherwise requires, in
these orders -
a. "Board" means the Trade and Export Promotion
Development Board constitued pursuant to Section 3.
b "Chairperson" means the chairperson of the Board.
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c. "Member" means a member of the .Boardand the term
shall include the Chairperson and the Member-Secretary.
d. "Member-Secretary"
means the Member -secretary of the Board.
e. "Executive Director" means the Executive Director
of the Board appointed pursuant to Section 7.
f. "Prescribed" or "As Prescribed" means prescribed
or as prescribed in the rules framed under these
orders.
3. Constitution of Board:
1. A boardnamed Trade and Export PromotionDevelopment
Board' is herebycontituted, inorder to developand expand
trades of the country and thereby provide, among
others support for promoting economy of the country.
2. The Board as referred to in Sub-section (1), shall
consist of the following members:-
a. Secretary, Ministry of Industry,
Commerce and supplies
b. DirectorGeneral,DepartmentofCommerce - Member
c. Representative, Ministry of Finance - Member
d. Representative,Federationof NepalChamberofCommerceand Industries.- Member
- Chairperson
")
}
'l
e Two persons, nominated by the
Government of Nepal on therecommendation of Board as referred
to in Section 8 from amongst persons
who have obtained at least Bachelor's
Degree in commerce, economics,
management or law and who have at
least five years of experience in
concerned field. Member
f. Executive Director - Member-Secretary
3. The term of office of the members nominatedunder
Sub-section (2) shall be for a period of two years.
4. Function, Duties and Powers of the Board:
The functions, duties and powers of the Board shall be
as follows :-
a. To provide the Government of Nepal with advice to
formulate necessary policies for developing and
expanding trades of the country;
b. To assist in promoting national economy by
developingand expandingtrades;
c. Toorganizetrade fairs and exhibitionsat national an~
internationallevel for promoting domestic trade;
d. Toexpandnationaland internationalmarkets for agro
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I,,j
and non-agro products produced in rural areas and
thereby assist in poverty alleviation through the devel-
opment of rural economy.
e. To organize programmes by co-ordinating the bodies
concerned with a view to increasing production of
exportable goods;
f. To identify markets for exportable goods and thereby
provide support for trade diversification;
g. To establish institutions for export promotion and
trade diversification and to provide necessary support
to the established institutions;
h. To exchange technical co-operation on import, export
and trade management amongst foreign countries
and international organizations/institutions for the
quality of exportable goods;
i. To operate appropriate programmes for making
investment on export-oriented and import subst,itution
projects from national and international level;
j. To make collection, publication and sale/distribution
on trade related necessary notification, data,
information and knowledge based matters and perform
tasks relating thereto as an information-house;
k To identify the problems arisen in foreign trade and
provide the Government of Nepal with advice for the
solution thereof;
I. To provide support for market promotion and
experimentation of produced goods;
m. To organize trade meetings of national and
international buyers and sellers and conduct
various types of seminar, workshop and training
having them involved.
n. To simplify quality control, insurance, transporta-
tion, among others, of produced goods and
services, and provide support for promotion and
enhancement of other services related to export
business;
o. To make and approve annual budget and
programmes of the Board;
p. To perform other necessary functions to fulfill
objectives of the Board
5. Meeting and Decision of the Board:
1. The meeting of the Board shall be held on such date,
time and venue as set by the Chairperson.
2 The Member-Secretary shall, at least forty-eight hours
prior to holding a meeting, have to provide members
with a notice about information and agenda of
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discussion of meeting.
3. It shall be deemed to have a quorum for a meeting if
more than fifty percent of the total members of the
Board are present.
4. The meeting of the Board shall be chaired by the
Chairperson and in his/her absence the member
chosen from amongst the members themselves
present in the meeting shall chair the meeting.
5. A majority opinion shall be valid in the meeting and
in case of a tie the person chairing the meeting shall
exercise the casting vote.
6. The Board may, if it deems necessary, invite a
person or an official of institution concerned with trade
and export to take part as an observer in the meet-
ing of Board.
7. A decision of the Board shall be certified by the
Member-Secretary.
8. Others proceedings relating to meeting of the Board
shall be as determined by the Board itself.
6. Sub-committee May be Formed:
1. The Board may, as per n"ecessity, constitute a
sub-committee for the operation of its business.
2. The functions, duties and powers of
sub-committee contituted pursuant to
Sub-section (1), the fatilities to be received by the
members of such a sub-committee and the proceed-
ings relating to the meetings of Sub-committee
shall be as specified by the Board.
7. Executive Director:
1. The Government of Nepal shall, for the perfor-
mance of daily functions as an administrative
chief of the Board, appoint to the position of
Executive Director a person, recommended by
the Committee as referred to in Section 8, from
amongst those who have obtained at least
Master's Degree in Commerce, Economics or
Management and have at least ten years of
experience in concerned field.
2. The term of office of Executive Director appointed
under Sub-section(1) shall be for a period of four
years.
3. Other functions, duties and powers, remuneration,
other conditions and facilities of service the
Executive Director shall be as prescribed.
8. Recommendation Committee:
1. In order to nomintemembersof the Boardand to
67
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recommend for the appointment to the position of
ExecutiveDirector,there shall be a Recommenda~tion Committee as referred to below:-
(a) Secretary, Ministryof Industry,
Commerce amd Supplies - Co-ordinator
(b) Secretary, Ministryof Finance - Member(c) Chairperson,Federationof
NepalChamber ofCommerce
and Industries - Member
2. The procedures relating to the meeting of the
Recommendation Committee referred to in
Sub-section (1) shall be as determined by theCommittee on its own.
the position pursuant to Sub-section (1), be given a
reasonable opportunity to present his/her defense.
10. Fund of the Board:
1. The Board shall have its own separate fund
2. The Fund as referred to in Sub-section (1), Shall
con tain such amounts as follows:
a. Amounts received from the Government of Nepal;
b. Any certain amounts specified by the
Government of Nepal subject to be deposited in
I,!IIIIiI',
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9. To Be Removed from Position:
1. Notwithstanding anything contained in
Sub-section (2) of Section 7, Government of Nepal
may at any time remove the Executive Director
from his/her position if the Committee referred to in
Section 8 recommends that the Executive Director
has not discharged the duties in good faith, or s/he
has not fulfilled the responsibilities of his/her officeor s/he has misbehaviour.
2 The Executive Director shall, prior to removing from
the Fund;
c. Amounts of assistance, grant or loan received
from foreign governments, international
agencies or institutions;
Provided that the Board shall, prior to receiving
such amounts, have to obtain permission from
the Government of Nepal.
d. Amounts received from other sources.
3. Allexpenditures to be made on behalf of the Board
shall be borne from the Fund as referred to in
Sub-section (1),4. The amounts to be contained in the Fund of Board
shall, by opening an account, be deposited in any
commercial bank ofthe kingdom of Nepal.
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5. The operation of the account of the Board shall be
as prescribed.11. Accounts and Audit of the Board:
1. The accounts of income and expenditure of the Board
shall be maintained as per the law in force.
2. The audit of Board shall be carried out by the Office
of Auditor General.
3. Government of Nepal may at any time inspect or
cause to be inspected the accounts of income and
expenditure of the Board, documents relating thereto
and all cash and goods in-kind of the Board.
12. Provisions Relating to Staff :
1. There shall be a required number of staff in the Board.
2 The appointment, conditions of service,
remuneration and facilities of the staff referred to in
Sub-section p) shall be as prescribed.
3. Notwithstanding anything contained in
Sub-sectiC>h(2), if any board similar to this nature is
dissolved or ternimated by the Government of Nepal
at the time when these orders are come into force
.II.
and it is decided to r~fain the staff working in any
level and class of such a board as a staff of this
Board, thensuch staff shall bedeemed to have ipsoII
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facto been appointed to the equivalent level and class
of the Board
13. Annual Report Required to be Submitted:1. The Board shall have to submit to Government of
Nepal an annual report of the tasks performed by it
within a period of sixty days after the completion of
each fiscal year.
2. The report referred to in Sub-section (1) shall, in ad-
dition to the tasks performed throughout the year by
the Board,include the following matters:-
(a) Goods which are identified as exportable and
potential markets there of;
(b) Problems arisen in foreign trade of Nepal and
measures of resolution ~hereof;
(c) Tasks performed for export promotion and trade
diversification
(d) Programmes conducted throughout the year by
the Board, cost incurred while conducting the
programmes and achievement of the
programmes including matters of improvement
to be made in future.
3. Government of Nepal may, as per necessity, make
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, the report public submitted pursuant to
Sub-section (1) by the Board.
14. Delegation, of Powers:
The Board may delegate, as per necessecity,some
of the powers conferred on it to a Member, Executive
Director or Sub-committee referred to in Section 6.15. Meeting Allowance:
For taking part in the meeting of Board, the
members shall receive meeting allowance as fixed.
16. Liaison with Government of Nepal:
Notice 2
Inexercise ofpowersconferred by Sub-section (1)
of Section 8 of the Development Board Act,
2013(1956), Government of Nepal has herebydissolved the Development Boards as stated hereinbelow:-
1. Carpet and Wools Development Board constituted
pursuant to notification of the then Ministry of
Commerce published in volume 42, Number-34,
Part 3 of the Nepal Gazette, dated
2049/08/22 (December 07, 1992]
2. Nepal Trade Promotion Board constituted
pursuant to notification of the then Ministry of
Industries and Commerce published inVolume 20,
Number 34, Part 3 of the Nepal Gazette, dated
2027/08/29 [December 14,1970]
The Board shall, while making contact with the
Government of Nepal, make contact through the
Ministry of Industry, Commerce and Supplies.17. Office and Name ofthe Board:
1. The Officeof Board shall be located in KathmanduValley.
2. The Officeof Board shall be acquainted withthe Name
of "Trade and Export Promotion Centre".18. Power to Frame Rules:
The Board may, in order to fulfillthe objectives of
these Orders, frame necessary Rulesand such Rules
shall come into force upon approval by theGovernmentof Nepal
Byorder,
( Bharat Bahadur Thapa )Secretary of Government of Nepal
12 I,
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