Radio Act, 2014 (1957)

[vc_custom_heading text=”Radio Act, 2014 (1957)” use_theme_fonts=”yes” el_id=”radio_act,_2014_(1957)”][vc_column_text]Amendments:
1. Some Nepal laws (Amendment and Rearrangement) Act,2020 (1963)                                   2020.11.16 (Feb. 28, 1964)
2. Judicial Administration Reform Act, 2031 (1974)                                                                        2031.4.18.6 (Aug. 2, 1974)
3. Radio (First Amendment Act), 2046 (1989)                                                                                     2046.7.11(Oct. 27, 1989)
4. Communication Related Some Nepal Acts Amendment Act,2047 (1990)                                2047.7.14 (Oct. 31, 1990)
5. Judicial Administration Act, 2048 (1991)                                                                                       2048.2.16 (May 30, 1991)
6. Communication Related Some Nepal Acts Amendment Act,2057 (2000)                             2057.10.18 (Jan. 31, 2001)

Act number 26 of the year 2014 (1957)[/vc_column_text][vc_custom_heading text=”An Act To Control And Regulate Activities Of Holding, Making And Using Radio Machines In Nepal” use_theme_fonts=”yes” el_id=”an_act_to_control_and_regulate_activities_of_holding,_making_and_using_radio_machines_in_nepal”][vc_column_text]

Preamble: Whereas, it is expedient
to maintain peace and order and decency of the general public, by controlling and regulating activities of holding, making and using radio machines in Nepal; Now, therefore, His Majesty the King has enacted and issued this Act.[/vc_column_text][vc_custom_heading text=”1. Short Title, Extension And Commencement” use_theme_fonts=”yes” el_id=”1._short_title,_extension_and_commencement”][vc_column_text]

(1) This Act may be called as the “Radio Act, 2014 (1957)”.

(2) This Act shall extend to the whole of Nepal.

(3) This Act shall come into force on such date as Government of Nepal may, by a notification in the Nepal Gazette, appoint.

[/vc_column_text][vc_custom_heading text=”2. Definitions” use_theme_fonts=”yes” el_id=”2._definitions”][vc_column_text]

Unless the subject or the context otherwise requires, in this Act,-
(a) “Radio machine” means the following machines used for receiving or
sending words, pictures or signals continuously through radio waves without wire connection:-
(1) All kinds of satellite, receiving systems including disc antennas,
(2) Following machines of frequency ranging from 30 kilohertz to 3000 gig hertz, falling under radio spectrum:-
(a) L.F., M.F., H.F., V.H.F., U.H.F., S.H.F., E.H.F. transmitter as well as communication means,
(b) Radio transmitter,
(c) Television transmitter,
(d) Wireless transmitter,
(e) Walkie-talkie,
(f) Cordless telephone,
(g) Video sender,
(h) Amateur radio,
(i) All kinds of satellite communication devices including inmasart,
(3) Cordless microphone,
(4) Radio control toys and models,
(5) Radio receiver, television receiver, video monitor, and
(6) Such machines as may be specified as the radio machine by
Government of Nepal, upon publishing a Notification in the Nepal gazette, from time to time.
(b) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.[/vc_column_text][vc_custom_heading text=”3. Prohibition On Holding, Making And Using Radio Machine Without License” use_theme_fonts=”yes” el_id=”3._prohibition_on_holding,_making_and_using_radio_machine_without_license”][vc_column_text]

Except as otherwise provided in Section 4, no person shall hold, make or use the radio machine without obtaining license under this Act. Provided that, a person licensed to operate the telecommunications service under the Telecommunications Act, 2053 (1996) or a customer using the telecommunications service through such a person shall not be required to obtain the license under this Act to hold, make or use the radio machine relating to the
telecommunications service.[/vc_column_text][vc_custom_heading text=”4. Powers Of Government Of Nepal To Waive Application Of This Act In Respect Of Any Person Or Body Or Radio Machine” use_theme_fonts=”yes” el_id=”4._powers_of_government_of_nepal_to_waive_application_of_this_act_in_respect_of_any_person_or_body_or_radio_machine”][vc_column_text]

Government of Nepal may, with or without specifying any terms by framing Rules under this Act, waive application
of the matters of this Act in respect of any person or body or any radio machine as prescribed.[/vc_column_text][vc_custom_heading text=”5. Mode Of Obtaining License” use_theme_fonts=”yes” el_id=”5._mode_of_obtaining_license”][vc_column_text]

(1) Any person intending to obtain the license under this Act has to submit an application, accompanied by such fees and in such format as prescribed, to Government of Nepal or the authority specified by Government of Nepal; and Government of Nepal or any authority specified by Government of Nepal may, as per the case, issue the license in the prescribed format×………..

(2) The period of each license issued under Sub-section (1), procedures for its renewal and the fees for such renewal shall be as prescribed.

(3) If, except Government of Nepal, any other authority specified by Government of Nepal refuses to issue the license as requested in the application submitted pursuant to Sub-sections (1) and (2), the aggrieved party may, no later
than Thirty Five days from the date of receipt of such refusal order, file an appeal with Government of Nepal against that order; and in cases where such an appeal is filed, a decision made by Government of Nepal shall be final.

[/vc_column_text][vc_custom_heading text=”6. Penalty” use_theme_fonts=”yes” el_id=”6._penalty”][vc_column_text]

(1) If any person holds, makes or uses the radio machine without obtaining license pursuant to Section 3, Government of Nepal or the authority specified by Government of Nepal shall seize such radio machine, fix the amount of that radio machine and punish that person holding, making or using the radio machine with a fine of a sum equal to that amount.

(2) If any person commits any act in contravention of this Act or the Rules framed under this Act, other than the act mentioned in Sub-section (1), Government of Nepal or the authority specified by Government of Nepal may
punish such a person with a fine not exceeding Fifty Thousand Rupees.

(3) If any person repeats any act punishable under Sub-section (1) or (2), such a person shall be punished with punishment that is double of the initial punishment.

[/vc_column_text][vc_custom_heading text=”7. Powers Of Chief District Officer To Issue Search Warrant” use_theme_fonts=”yes” el_id=”7._powers_of_chief_district_officer_to_issue_search_warrant”][vc_column_text](2) The officer holding a warrant to make search under Sub-section (1) may enter into any house and land or vehicle mentioned in that warrant and seize any such radio machine he/she suspects to be related with the offense punishable under this Act.[/vc_column_text][vc_custom_heading text=”9. Appeal” use_theme_fonts=”yes” el_id=”9._appeal”][vc_column_text]

Any person who is not satisfied with a decision made by Government of Nepal or the authority specified by Government of Nepal may file an appeal in the Court of Appeal against that decision.[/vc_column_text][vc_custom_heading text=”10. Powers To Frame Rules” use_theme_fonts=”yes” el_id=”10._powers_to_frame_rules”][vc_column_text]

(1) Government of Nepal may frame necessary Rules to meet the objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by Subsection (1), such Rules may also provide for the following matters, in particular.
(a) ×……………….
(b) Persons or bodies to which this Act does not apply,
(c) Procedures and terms for issuing, renewing, pending and canceling the license, format of the license and fees
chargeable for issuing and renewing the license,
(d) Maintaining inventory of radio machines that traders of radio machines have obtained, sold, distributed and held with them,
(e) Terms to be observed by makers or traders of radio machines while making or selling and distributing them, and
(f) Other matters required to be prescribed pursuant to this Act.
(3) ×…………..[/vc_column_text][vc_column_text]

(Source: Nepal Law Commission)

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