Competition Promotion and Market Protection Act, 2063 (2007)


Published: 2007

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Competition Promotion and Market Protection Act, 2063 (2007) 1
Competition Promotion and Market Protection Act, 2063 (2007) Date of Authentication and publication
9 ashad 2063(23 june 2006)
1. The Act Amending Some Nepal Acts, 2064 2064.5.9 (26 August 2007)

Act number 35 of the year 2063 (2006/07)
An Act Made to Provide for Promotion of Competition and Protection of Market
Preamble: Whereas, it is expedient to make legal provisions in order to further make
national economy more open, liberal, market-oriented and competitive by maintaining
fair competition between or among the persons or enterprises producing or distributing
goods or services, to enhance national productivity by developing the business
capacity of producers or distributors by way of competition, to protect markets against
undesirable interference, to encourage to make the produced goods and services
available to the consumers at a competitive price by nhancing the quality of goods or
services by way of controlling monopoly and restrictive trade practices, and to
maintain the economic interests and decency of the general public by doing away with
possible unfair competition in trade practices;
Now, therefore, be it enacted by the House of Representatives in the First Year of the
issuance of the Proclamation of the House of Represntatives, 2063(2006).
Chapter - 1
Preliminary
1. Short title, extension and commencement: (1) This Act may be called
“Competition Promotion and Market Protection Act, 2063 (2007)."
(2) This Act shall extend to the whole of the State of Nepal, and shall
also apply to any person who commits an act contrary to this Act in any place
outside Nepal.
(3) This Act shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requires, n this Act,-
(a) “chairperson” means the chairperson of the Board;
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(b) “enterprise” means any firm, company or corporate body who is engaged
in the production or distribution of any goods or services, and this
expression also includes any subsidiary or affiliate firm, company or
body controlled directly or indirectly by such firm, company or body;
(c) “Board” means the competition promotion and market promotion board
as referred to in Section 12;
(d) “tender” means a bid or offer submitted or made by any person or
enterprise in a sealed envelope in such form as precribed by any body or
entity in response to a notice published by such body r entity for the
procurement of any goods, construction work or repair or maintenance of
construction work or services, and this expression also includes unit price
schedule and document pertaining thereto or a quotation with price rate;
(e) “advertisement” means any information made publicly for market
promotion or publicity of any goods or services;
(f) “member” means a member of the Board, and this expression also
includes the chairperson and member secretary of the Board;
(g) “agreement” means any contract, agreement, arrangement or
understanding entered into between two or more than two persons or
enterprises to do or not to do any thing, which hasbeen entered into
verbally or in writing or by conduct and which is enforceable or
unenforceable under the laws in force, and this expr ssion also includes
any decision or recommendation made between such persons or
enterprises;
(h) “Court” means the commercial bench of such a court as designated by
the Government of Nepal, in consultation with the Supreme Court, by a
notification in the Nepal Gazette;
(i) “market protection officer” means the market protection officer referred
to in Section 22;
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(j) “sale price” means a value, any kind of rent, insurance, fee, interest rate,
exchange rate, premium or any other amount of a similar kind received in
consideration for the production or distr ibution of any goods or services;
and
(k) “prescribed” or “as prescribed” means prescribed or as prescribed by the
Rules framed under this Act.
Chapter-2
Anti-Competitive Practices
3. Prohibition on anti-competitive agreements: (1) No person or enterprise that
produces or distributes any goods or services shall, with an intention to limit or control
competition, enter into, or cause to be entered into dividually or collectively , any
agreement with any other person or enterprise that produces the identical or similar goods
or services.
(a) directly or indirectly determines purchase or sale prices of any goods or
services or specifies the terms of purchase and sale of such goods or services;
(b) limits or controls production, distribution or markets of any goods or
services or limits or controls investment to be made for the technical
development or advancement thereof;
(c) limits or controls the over all quantity of the production or distribution
of any goods or services or reduce the retail consumption quantity of
such goods or quality thereof;
(d) restrains the sale and distr ibution of such goods or services in any
particular place or restricts or causes to restrict he sale and distribution
thereof to any particular place only;
(e) restrains the purchase, sale or distribution of the goods or services of
any other person or enterprise producing or distribu ion identical or
similar goods or services or prevents that entry of such goods or
services in the market in such a manner so as to promote the market of
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only the goods or services produced or distributed by any particular
person or enterprise;
(f) allocates the market, mutually, between the persons or enterprises that
produce or distribute any goods or services;
(g) provides for the production of distribution of any goods or services on a
rotational basis or determines quota for the production or distr ibution of
such goods or services;
(h) specifies different prices any goods or services for the purchase, sale or
distribution of such goods or services or specifies different terms and
conditions of the purchase, sale or distribution thereof without any
reasonable cause;
(i) provides for the submission of tenders or quotati ns through mutual
agreement or submission of tenders or quotations offering the same
price or other details, in response to an invitation to tenders or
quotation made publicly;
(j) applies a syndicate system in the transportati n or distribution of goods
or services;
(k) provides for doing or causing to be done any other acts as prescribed.
(2) ♣With prejudice to the generality of Sub-section (1), no two or
more than two persons or enterprises that produce or distr ibute any goods or
produce, distribute or operate any services shall, in association with any body or
by way of adopting any other measure, enter into any type of agreement which
restrains another person or enterprise from producing, distr ibuting or operating
such goods or services in the area where those persons or enterprises are
producing, distributing or operating such goods or services or requires that such
other person or enterprise should be associated with such persons or enterprises
or involved in such measure or should comply with any terms and conditions
♣ Amended by The Act Amending Some Nepal Acts, 2064
5
specified by such agreement or measure in order to produce, distribute or
operate such goods or services.
(3) Any agreement entered into in contravention of Sub-section (1)
shall, ipso facto, be void.
4. Prohibition on abuse of dominant position: (1) No enterprise holding
dominant position shall abuse, or cause to be abuse, such position with intent to
control competition in the production and distr ibution of any goods by that
enterprise or through its affiliation .
Explanation: For the purposes of this Section, the expression “dominant
Position” means a position of strength enjoyed by an person or enterprise that
produces or distributes any goods or services, whereby such person or
enterprise holds, either individually or jointly with another enterprise that
produces or distributes the identical or similar goods or services, at least forty
percent or more of the annual production or distribution of such goods or
services within the State of Nepal or a position of strength which enables such
person or enterprise, either individually or jointly with another person or
enterprise that produces or distributes the identical or similar goods or services,
to affect the relevant market or to implement its decision independently.
(2) ♣With prejudice to the generality of Sub-section (1), if an
enterprise holding dominant position does any of the following acts in the State
of Nepal or any area of the State of Nepal, it shall be deemed to have abused its
dominant position:
(a) preventing or restraining any goods or servics produced or imported
by another person or enterprise that produces or distr ibutes
identical or similar goods or services from entering i to the market
of its goods or services;
(b) limiting or controlling the production or distribution of any goods
or services which is likely to decrease the market supplies for any ♣ Amended by The Act Amending Some Nepal Acts, 2064
6
reasonable cause or limiting or controlling investment to be made
for the development of technology related to the production or
distribution of such goods or services;
(c) without any reasonable cause, fixing different prices in purchase
or sale of any goods or services in the market of the same
geographical area or prescribing additional terms and conditions of
sale or purchase of such goods or services;
(d) prescribing the price of the goods or services produced by it in
such a manner so as to prevent competition in the market, directly
or indirectly;
Provided that nothing contained in this clause shall be deemed to
be prejudicial to the fixation of the price of such goods or services
or alteration in the price of such goods or services by the
concerned enterprise, by obtaining prior approval of the
Government of Nepal or the competent authority under th laws in
force.
(e) without any reasonable cause, reducing the quantity of the goods
or services that it produces or distributes or reducing the quality of
such goods or services in a manner to be prejudicial to the
consumers;
(f) in the production or distribution of any goods or services,
prescribing any terms and conditions which are unnecessary or
irrelevant with such goods or services.
(3) Notwithstanding anything contained in Sub-section (2),
where any of the following acts is proved to have resulted in the commission of
any of the acts referred to in that Sub-section, it shall not be deemed to be an
abuse of dominant position:
(a) doing any activity by any person or enterprise holding dominant
position in order to enhance the quality of the goods r services
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that such person or enterprise has been produced or distributed or
to improve technical standards thereof and the results achieved
from such activity are applied in the interests of c nsumers of such
goods or services;
(b) doing any act for the protection or enforcement of any kind of
intellectual property owned by any person under the laws in force.
(4) For the purposes of this Section, the Board shall prepare a
list of enterprises which produce or distribute various goods or services and
hold dominant position and publish the list publicly from time to time.
(5) Such enterprises shall be deemed to continue to hold
dominant position until the list referred to in Sub-section (4) is altered.
5. Prohibition on merger or amalgamation with intent to control
competition: No enterprise that produces or distributes any goods or services
shall, with intent to maintain monopoly or restrictive trade practices in the market,
merge or amalgamate with another enterprise that produces or distributes the
similar or identical goods or services or purchase, either singly or jointly with its
subsidiary enterprise, fifty percent or more of thes ares of such enterprise or take
over the business of such enterprise.
Explanation: For the purposes of this Section, where a merger, amalgamation,
share purchase or take over of persons or enterpriss that produce or distribute
any goods or services of a similar nature results in more than forty percent of
the production or distribution of the total production or distribution of such
goods or services within the State of Nepal, such merger, amalgamation or take
over shall be deemed to have been made with intent to control competition.
6. Prohibition on bid rigging: (1) No bidder submitting tender in response
to an invitation to tinder made by an entity publicly shall not commit bid
rigging by doing any of the following acts:
(a) entering into an agreement which provides that any bidder shall
not submit a tender or only one bidder shall submit a tender or all
8
bidders shall submit tenders with similar price or details, directly
or indirectly;
(b) mutual sharing of information to be set forth in tender or other
matters with bidders prior to the submission of tenders;
(c) submitting tenders by mutual agreement so that t e tender of any
one bidder can be accepted.
(2) Notwithstanding anything contained elsewhere in th s Section, the
mutual exchange of information of information relating to tender between an
enterprise and a subsidiary of such enterprise shall not be deemed to be a bid
rigging referred to in Sub-section (1).
7. Prohibition on exclusive dealing: (1) A person or enterprise that
produces or distributes any goods or services shall not make, or cause to be
made, an exclusive dealing of such goods or services.
Explanation: For the purposes of this Section, where any enterprise produces
or distr ibutes any goods or services by prescribing a y of the following terms
and conditions, such enterprise shall be deemed to have made an exclusive
dealing:
(a) restraining from purchasing the similar or identical goods or services
produced or distributed by another person or enterprise other than the
goods or services produced or distributed by any person or enterprise or
doing any relevant transaction with such person or enterprise;
(b) supplying goods or services on more favorable terms and conditions if
the purchase, sale or transaction of such goods or ervices is made
subject to the terms and conditions referred to in Clause (a).
(2) Notwithstanding anything contained in Sub-section (1), an
exclusive dealing shall not be deemed to have been made where any enterprise
makes a provision that any goods or services can be obtained from its principal
or subsidiary enterprise only or that its goods or ervices are distributed through
its authorized seller or agency.
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8. Prohibition on market restriction: No person or enterprise that produces or
distributes any goods or services shall do, or cause to be done, any transaction
in such a manner as to restrict the market of the production or distribution of
such goods or services.
Explanation: Where a person or enterprise that produces or distibutes any
goods or services supplies such goods or services to any seller, dealer, trader or
enterprise on the condition that such goods or servic s shall be produced or
distributed only in any certain market specified by such person or enterprise or
that reimbursement of compensation shall be claimed if such goods or services
are distributed in any place other than the certain market as specified by such
person or enterprise.
9. Prohibition on tied selling: No person or enterprise that sells any goods or
services shall engage in tied selling.
Explanation: For the purposes of this Section, where any person or enterprise
sells and distributes any goods or services on any of the following conditions,
such person or enterprise shall be deemed to be engag d in tied selling:
(a) requirement that a purchaser of any goods or servics shall also
purchase any other goods or services produced or distributed by
such person or enterprise or such person or enterpris as may be
specified by that person or enterprise;
(b) requirement that any goods or services procured pursuant to
Clause (a) shall not be used, sold or distr ibuted in combination
with any goods or services produced or distributed by any person
or enterprise other than the person or enterprise that produces or
distributes such goods or services or such person or enterprise as
may be specified by such person or enterprise;
(c) distribution of goods or services on more favorable terms and
conditions if the use, sale or distribution of such goods or services
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is made subject to the terms and conditions referred to in Clause
(a) or (b).
10. Prohibition on misleading advertisement: (1) No person or enterprise that
produces or distr ibutes any goods or services shall do, or cause to be done, any
misleading advertisement with intent to control or imit competition.
Explanation: For the purposes of this Section, where any person or enterprise
does any of the following acts, such person or enterprise shall be deemed to be
engaged in a misleading advertisement:
(a) doing an advertisement supplying misleading or false statements
deviating from the actual quality, quantity or price of any goods or
services;
(b) promoting market by doing misleading or false advertisement about the
warranty, benefits, characteristics or durability of any goods or services;
(c) doing a misleading or false advertisement in such a manner as to
prejudice the market of any goods or services produce or distributed by
any person or enterprise or against such goods or services;
(d) selling, distributing any goods or services at a price higher than the price
set forth in the advertisement.
11. Non-applicability of this Act: Notwithstanding anything contained
elsewhere in this Chapter, this Act, except the provisi ns contained in Section
10, shall not apply to the following business or trade activities:
(a) business relating to cottage and small industries as referred to in the
Industrial Enterprises Act, 2049(1991);
(b) agricultural products produced by such small frmers as prescribed, and
agricultural cooperative business;
(c) procurement of raw materials;
(d) export business;
(e) activity to be done for the labor’s right to cllective bargaining;
(f) research and development related activity;
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(g) management collaboration;
(h) collaboration made for organizational and procedural improvements
intended to enhance trade capacity.

Chapter-3
Constitution, and Functions, Duties and Powers of Board
12. Constitution of Board: (1) A Competition Promotion and Market Protection
Board is hereby constituted in order to enhance fair competition in market by
protecting the market.
(2) The Board referred to in Sub-section (1) shall consist of the
following members:
(a) Secretary, Ministry of Industries, Commerce and
Supplies
Chairperson
(b) Representative, Ministry of Law, Justice and
Parliamentary Affairs
Member
(c) Representative, Ministry of Finance Member
(d) Representative, Ministry of Industries, Commerce and
Supplies
Member
(e) Two persons nominated by the Government of Nepal
from amongst the persons engaged in organizations
relating to industry and commerce


Member
(f) Four persons consisting of at least one woman
nominated by the Government of Nepal from amongst
the persons engaged in organizations relating to the
rights and interests of consumers



Member
(g) Director General, Department of Commerce Member
Secretary
(2) The tenure of office of the members nominated pursuant to Sub-
section (2) shall be two years.
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(3) Notwithstanding anything contained in Sub-section (3), where the
performance of any member does not appear to be satisfactory, the Government
of Nepal may, assigning the reason therefor, remove such member from the
office of member of the Board at any time.
13. Meeting and decision of Board: (1) The Board shall meet as per necessity.
(2) The Board shall hold its meeting at such place, time and date as may
be specified by the chairperson.
(3) The presence of more than fifty percent members of the total number
of members of the Board shall be deemed to constitute a quorum for a meeting
of the Board.
(4) The meeting of the Board shall be presided over by the chairperson
and by the member selected by the attending members from amongst
themselves in the absence the chairperson.
(5) The majority decision shall prevail in the meeting of the Board and in
the case of a tie, the chairperson may exercise the casting vote.
(6) The decisions of the Board shall be authenticated by the member
secretary of the Board.
(7) Where the Board considers necessary, it may invite any expert in the
field concerned to participate, as an observer, in the meeting of the Board.
(8) Other procedures relating to the meeting of the Board shall be as
determined by the Board itself.
14. Functions, duties and powers of Board: The functions, duties and powers
of the Board shall, in addition to the functions, duties and powers mentioned
elsewhere in this Act, be as follows:
(a) to formulate such policies as to be pursued in relation to the
maintenance of fair competition and submit the same to the
Government;
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(b) if deemed necessary, to review law relating to competition and
make suggestions to the Government of Nepal for necessary
improvement in the law;
(c) to raise public awareness about positive impacts of fair
competition in economy and negative impacts of anti-competitive
practices;
(d) to give necessary suggestions to the Government of Nepal in
relation to the economic condition, status of trade of the country,
and acts required to be done for the enhancement of fair
competition in the market and of the interests of consumers;
(e) to identify the problems with the enhancement of fair competition
in the market and give suggestions to the concerned body for the
resolution of such problems;
(f) to have collaboration with the private sector f the promotion of
fair competition in the market;
(g) to do, or cause to be done, such study and resea ch work as may be
required for the promotion of fair competition in the market;
(h) to formulate an action plan for the promotion of fair competition;
(i) to carry out, or cause to be carried out, inspection, monitoring and
inquiry as to whether any anti-competitive activity has been done
by any one;
(j) where it appears from an inspection, monitoring and inquiry
carried out pursuant to clause (h) that any anti-competitive activity
has been done by any person, to cause such person to stop such
activity immediately;
(k) to form committees as required in relation to the functions
required to be performed by the Board;
(l) to perform, or cause to be performed, such other functions as may
be required in relation to the maintenance of fair competition.
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15. Meeting allowance: The chairperson and members shall be entitled to such
meeting allowance as may be prescribed for taking part in a meeting of the
Board.
16. Secretariat of Board: The Department of Commerce shall act as the
secretariat of the Board.

Chapter-4
Provisions Relating to Offence and Punishment
17. Offence against fair competition deemed to be committed: Where any
person or enterprise does, or causes to be done, any of the activities contrary to
Chapter-2, such person or enterprise shall be deemed to have committed, or
caused the commission of, an offence against fair competition.
18. Punishment: (1) Any person or enterprise who does, or causes to be done, any
of the following activities shall be liable to punishment as follows, according to
the degree of offence:
(a) where any person or enterprise does, or causes to be done, any
activity contrary to Section 3, 4 or 5, such activity shall be void,
and such person or enterprise shall be punishable with a fine not
exceeding five hundred thousand rupees;
(b) where any person or enterprise does, or causes to be done, any
activity contrary to Sub-section (1) of Section 6, such activity
shall be void, and such person or enterprise shall be punishable
with a fine not exceeding three hundred thousand rupees;
(c) where any person or enterprise does, or causes to be done, any
activity contrary to Section 7, such person or enterprise shall be
punishable with a fine not exceeding one hundred thousand
rupees;
15
(d) where any person or enterprise does, or causes to be done, any
activity contrary to Section 8, such person or enterprise shall be
punishable with a fine not exceeding fifty thousand rupees;
(e) where any person or enterprise does, or causes to be done, any
activity contrary to Section 9 or 10, such person or enterprise shall
be punishable with a fine not exceeding twenty five thousand
rupees;
(f) where any person or enterprise does, or causes to be done, any
activity contrary to this Act or the Rules framed under this Act,
other than those mentioned in Clauses (a), (b), (c), (d) and (e),
such person or enterprise shall be punishable with a fine not
exceeding ten thousand rupees.
(2) Where any person or enterprise who has been punished
pursuant to Sub-section (1) repeats the commission of any offence under this
Act, such person or enterprise shall be punished with a fine that is two-fold of
the fine to be imposed under that sub-section.
(3) Where any activity referred to in Sub-section (1) has been
done in pursuance of any agreement, such agreement shall also be void.
(4) Where it is held that any person has made a false complaint
with intent to cause any loss or damage or suffering to any person or enterprise,
such person shall be punishable with a fine not exce ding ten thousand rupees.
19. Punishment to one who causes obstruction: Where any person causes
obstruction in any act or action pertaining to investigation of and inquiry into
any offence under this Act, the Court may, based on a report of the market
protection officer, punish such person with a fine ot exceeding twenty five
thousand rupees.
20. Person in charge to be deemed to have committed offence: Where any
firm, company or corporate body does any act that constitutes an offence under
this Act, in the case of the firm, the partners of the firm existing at the time such
16
offence was committed, and in the case of the company or corporate body, a
person in charge of the company or body for the conduct of such company or
body shall be deemed to have committed the offense.
Provided that where it is proved that such act was done prior to the appointment
of the person in charge or the decision to do that act was made without the
consent of the person in charge, any one who did such act shall be deemed to
have committed the offence.
Explanation: For the purposes of this Section, the expression “person in
charge” means the chairperson, member of the board f irectors, general
manager, managing director of a company or body corporate or any person who
acts in that capacity.
21. Lesser punishment: (1) Where, in the course of carrying out investigation of
and inquiry into an offence, any person or enterprise related with such offence
renders assistance as follows, the market protection officer may, while filing a
case, make a demand to the Court for full or partial exemption from the
punishment that can be imposed on such person or enterprise pursuant to
Section 18:
(a) information or notice was given about such offence prior to the
initiation of investigation and inquiry;
(b) where such important evidence or information has been provided
as the investigating authority has not been able to discover it in the
course of investigation and inquiry;
(c) any other special assistance has been rendered in the proceedings
of investigation and inquiry.
(2) Where the demand for exemption from punishment made by
the market protection officer pursuant to Sub-section (1) appears to be
reasonable, the Court may make full or partial exemption from the punishment
that can be imposed under this Act on the person or enterprise who commits an
offence.
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(3) Notwithstanding anything contained in Sub-section (2), any person
or enterprise involved in an offence shall not be ex mpted from the liability to
pay compensation pursuant to Section 29.
Chapter-5
Provisions Relating to Investigation and Filing of Cases
22. Designation of market protection officer: (1) The Government of Nepal
may, by notification in the Nepal Gazette, designate ny officer employee as the
market protection officer in any required district of the State of Nepal for
investigating and inquiring cases relating to any offences punishable under this
Act and filing cases in the Court.
(2) The qualification and other functions, duties and powers of the
market protection officer shall be as prescribed.
23. Filing of complaints: (1) Where any person or enterprise does any act in
contravention of this Act, any person who has the information of such
contravention may make a complaint, accompanied by the information, proof or
evidence that such person has to the Board or the market protection officer.
(2) Where any person making a complaint pursuant to Sub-
section (1) wishes to keep his or her name secret, th name of such person shall
be kept secret.
24. Investigation and filing of cases: (1) Where a complaint is received
pursuant to Section 23 as to the commission of any offence punishable under
this Act or information as to such commission is received from any other
source, the market protection officer shall make investigation of and inquiry
into that case.
(2) Notwithstanding anything contained in Sub-section (1), where a
complaint is made to the Board pursuant to Section 23 as to the commission of
any offence punishable under this Act, the Board may send such complaint to
any market protection officer for necessary action or make investigation of or
18
inquiry into such offence on its own by forming a sub-committee for that
purpose.
(3) Where a person making a complaint pursuant to Section 23
provides additional evidence or information in the course of investigation of or
inquiry into the offence, the investigating or inquiring authority shall make such
investigation or inquiry also having regard to such evidence or information.
(4) Where any case is investigated or inquired into by a sub-
committee pursuant to Sub-section (1), the Board shall, upon completion of the
investigation of and inquiry into such case, order any market protection officer
to file a case in the Court.
(5) The market protection officer shall file the case in the Court no
later than thirty five days after the date of completion of the investigation of and
inquiry into the case pursuant to Sub-section (1) or after the date of receipt of
order from the Board to file the case pursuant to Sub-section (4).
(6) In filing the case pursuant to Sub-section (5), the market protection
officer shall consult the government attorney.
(7) Any case filed in the Court pursuant to Sub-section (5) shall
be pleaded and defended by the government attorney.
25. Power to inspect, inquire or search: (1) Where there is a reasonable
ground to believe that any person is doing any act in contravention of this Act
or the Rules framed under this Act or a complaint is received in relation thereto
pursuant to Section 23, the market protection officer or sub-committee formed
by the Board may inspect, inquire or search the concerned place.
(2) The procedures to be followed while making inspection, inquiry or
search pursuant to Sub-section (1) shall be as prescrib d.
26. To be state case: Any case related with any offence under this Act shall be a
state case.
27. Power to seek assistance of expert: Where it is necessary to seek assistance
of an expert in the concerned field in the course of investigation of and inquiry
19
into any offence in view of the nature or gravity of such offence, the
investigating sub-committee or market protection officer may seek the service
of the concerned expert.
28. Trial and settlement of case: (1) The Court shall have the power to try and
settle cases under this Act.
(2) The Court shall, while trying and settling cases filed under this
Act, follow the procedures set froth in the Summary P ocedures Act, 2028(---).

Chapter-6
Miscellaneous
29. Compensation: (1) Where any person suffers any kind of loss or damage
as a result of the commission by any person or enterpris of any offence under
this Act, that person may make a petition to the Court for the award of
compensation for such loss or damage.
(2) Where, upon taking action on the petition made pursuant to Sub-
section (1), it appears that compensation should be awarded, the Court shall
ascertain the loss or damage and award the compensation from the person or
enterprise so causing loss or damage to the petitioner.
30. Special power of Government of Nepal: Notwithstanding anything
contained elsewhere in this Act, where there arises or it is likely to arise any
crisis in the production or distribution of any goods or services throughout the
State of Nepal or any specific area of the State of Nepal, in view of the situation
of the supply and distribution of any goods or services, the Government of
Nepal may, by notification in the Nepal Gazette, issue necessary orders waiving
the application of any provisions contained in Chapter-2 in such area and for
such period as specified in that notification.
20
Provided that any provision made and any order issued by the Government of
Nepal in relation to supply and distr ibution prior to the commencement of this
Act shall be deemed to have been made and issued under this Act.
31. Power to make order to stop/stay activity: Where the Court is informed by
the market protection officer or Board that an immediate serious adverse
condition may arise in the supply or distribution of any goods or services in the
market unless any activity about to be done by person in contravention of this
Act is stopped immediately and where the Court is satisfied with that matter,
the Court may issue an order to stop such activity immediately.
32. Power to make provisions to prevent abuse of intellectual property:
Where the owner of any intellectual property prejudices fair competition
by abusing his or her intellectual property or does any act contrary to the rights
and interests of consumers, the Government of Nepal m y make necessary
provisions in that respect.
33. Not to interfere with institution of cases under the laws in force: Where any
act that constitutes an offence under this Act is also deemed to be an offence
under any other laws in force, nothing contained in this Act shall be deemed to
interfere with the institution of any case under such other laws in force.
34. Power to give reward: Where any information given to the Board or market
protection officer that any offence has been committed or about to be
committed by any person in contravention of this Act is held to be true on the
final settlement of the case by the Court, the Board may give appropriate reward
to such informer.
35. Duty to render assistance: It shall be the duty of all the concerned to render
necessary assistance to the Board, sub-committee formed by the Board or
market protection officer in making investigation of and inquiry into any
offence under this Act.
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36. Secrecy of information: The Board or market protection officer shall
keep secret such business transaction and information that the Board or officer
receives in the course of making inspection, monitoring, investigation or
inquiry pursuant to this Act.
Provided that any referral to such transaction andinformation in the course of
discharging own functions or provision of information of public importance
shall not be deemed to be a breach of secrecy.
37. Delegation of power: Competition Promotion and Market Protection Act,
2063 (2007) The Board may, as per necessity, delegate any of the powers
conferred on it to the chairperson, member, member sec etary of the Board, any
committee formed pursuant to this Act or any officer mployee of the
Government of Nepal.
38. Annual report: (1) The Board shall submit an annual report containing its
activities to the Government of Nepal within sixty days after the date of
completion of each financial year.
(2) The Government of Nepal may make public the annu l report
submitted pursuant to Sub-section (1).
39. Powers to frame rules: The Government of Nepal may frame necessary rules
in order to implement the objective of this Act.