Essential Goods Protection Act, 2012 (1955)


Published: 1955

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Essential Goods Protection Act,2012
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Essential Goods Protection Act, 2012 (1955)
Date of Authentication and publication 2012.8.13(November 28, 1955)

Amendments
1. Essential Goods Protection (First Amendment) Act, 2018 2018.9.13
2. Some Nepal Acts (Amendment and rearrangement) Act, 2020 2020.11.16
3. Essential Goods Protection (Second Amendment) Act, 2024 2024.7.6
4. Judicial Administration Reform (First Amendment) Act, 2033 2033.4.10
5. Essential Goods Protection (Third Amendment) Act, 2038 2036.6.14
6. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
7. Administration of Justice Act, 2048 2048.2.16
8. Some Nepal Acts Amendment Act, 2048 2049.1.8
Act No. 13 of 2012
[Preamble]: ♣Whereas, it is expedient to protect some specific essential goods of Public Use to
maintain the interest of the General Public,
Be it enacted and Proclaimed by His Majesty King.
1. Short Title and Extent: (1) This Act may be called the "Essential Goods
Protection Act, 2012 (1955)".
(2) This Act shall come into force all over Nepal. ♥2. Definitions: In This Act, unless the subject or context otherwise requires, the
expression "Essential Goods" means the following goods and goods laying with it
or other goods attached to it:-
(a) Telegraph, Telephone,
This Act does not contain long Title. The word 'Preamble' has not been used in this Act. ♣ Amended by Some Nepal Acts (Amendment and rearrangement) Act, 2020 ♥ Amended by third Amendment.

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(b) Ropeway, Railway,
(c) Highway, Main Roads, Bridge,
(d) Sewerage Pipe Line,
(e) Source of Drinking Water developed by the Government of Nepal or
any other institution or developed with the permission of the
Government of Nepal or other institution,
(f) Electricity, Instruments for the production of the Electricity,
(g) Weather and water resource related Stations,
(h) Airport, Communication Cable Line laying within or outside of the
Airport, Antenna, Radio Communication Stations, Radder, Security
or other signals and other identical instruments,
(i) Petrol, Petrol Pump Stations, Fuel Depots,
(j) Pati, Pauwa and Sattal (House made for religious or charity purpose
to use for a short period by the public g without costs)
(k) Any other goods appointed by Government of Nepal by publishing a
Notification in the Nepal Gazette.
3. Restricted to unauthorized person and penalty for commission: No one,
on his/her own or using anybody else, shall pull out, break down and destroy by
any means, steal or cause for the same any of the ess ntial goods. Whosoever,
commits or causes to commit such act, he/she shall be liable for a punishment of
realization of the amount involved therein and a ♦fine equal to such amount or
with both, in addition to the punishment prescribed by the prevailing Act and
Sawal.
Provided that, whosoever commits any of the acts, other than stealing as
mentioned here above, it shall not be considered to be an offence if it is done for
the purpose of construction or maintenance with the permission of the owner.
Furthermore, in case of any accidental loss, if somebody informs the same to the
♦ Amended by second Amendment.

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Government Office, it also shall not be considered an offence pursuant to this
Section. The amount of loss shall be realized at any cost.
4. Aid to an unauthorized person or concealmeant to be punishable: In case
the residents of any place get involved with the person who steal or do anything
illegal/nuisance or provide any help or harbour or hide or save them from offense
or hesitate to stop any offense or knowingly refrain from informing the offense,
such person (man) shall be punished pursuant to Section 3. ♦5. ∇Powers of Local Body or Administrative Officer: Everybody shall protect
the essential goods. In case, essential goods are being lost, stolen or damaged by
any other means time and again, in any area (locality), the nearby Village
Development Committee or Municipality, District Development Committee or the
Administrative Officer shall arrange for the security of the essential goods.
♠6. Power to use necessary force against the offender: In case, an offender tries
to flee by using or without using any force in the course of arrest from the spot
(Crime Scene), he/she shall not be given any opportunity to run away.
In case the situation demands to use any arm or ammunitation, the Head
Constable or officer senor to him/her from the Police Force or by the command or
officer senior to him/her from Nepal Army or if it is from any other force, the
command or officer of the same rank may, own their own or through any
subordinate, issue order to use weapon or shot below the knee and arrest such
person. No Government employee shall be punished for the death of any person in
the course of arresting him/her, as mentioned herein.
Explanation: For the purpose of this Section, other force means Militia,
Pionier, reserve, Garizen, or any other organized force.
♦ Amended by second Amendment. ∇ Amended by Some Nepal Acts Amendment Act, 2048 ♠ Amended by First Amendment.

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7. Penalty for sale and Purchase: A person who sells, purchases or holds any
material related to any essential goods, with a knowledge that it is a stolen
material, such person shall be punished pursuant to Section 3.
8. Penalty for Attempt: Whosoever is arrested on the spot while trying to steal or
damage or committing such offence, such person shall be absolutely liable for
imprisonment for a period of one year, in case he or she is not a recidivist in the
similar offense. If he/she is a recidivist, he/she all be liable for the double of the
imprisonment so mentioned. 9. Power to hear the case and Appeal: ♦Chief District Officer shall hear the case
pursuant to this Act and Appeal against it shall be heard by the ∑Court of Appeal.
10. Prevalence of this Act: This Act shall apply on matters mentioned herein and in
other the prevailing Act and Sawal shall apply.


 Amended by Judicial Administration Reform (First Amendment) Act, 2033 ♦ Amended by second Amendment. ∑ Amended by Administration of Justice Act, 2048
Note:
1. The following word has been changed by Interim Government of Nepal Act - ''His Majesty's Government'' instead of ''Governme t''
2. The following word has been changed by Local Administrative Act
"Aunchaladhish" insteat of "Badahakim" or 'Majistrate"
"Aunchaladhish karyalaya" insteat of "Gadi, Gauda, Goswara"
"karyalaya" insteat of "office"