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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

I.

I,

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I,II

m

III,

'~

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

'II"

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',

It

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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II.11

,"

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

~

10

I~

!

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

II

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I;,II',

I~,

, 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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