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    The Radio Act, 2014 (1957) : Date of Publication in Nepal Gazette

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    Reg Bhandari
    The Radio Act of 1957 was enacted to control and regulate the use of radio machines in Nepal by requiring licenses. It defines key terms like "radio machine" and prohibits holding, making, or using radio machines without a license. It outlines processes for obtaining and renewing licenses, and sets punishments for violations. The Act has since been amended several times to update language and align with other communications laws.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    The Radio Act, 2014 (1957) : Date of Publication in Nepal Gazette

    Uploaded by

    Reg Bhandari
    35 views6 pages
    The Radio Act of 1957 was enacted to control and regulate the use of radio machines in Nepal by requiring licenses. It defines key terms like "radio machine" and prohibits holding, making, or using radio machines without a license. It outlines processes for obtaining and renewing licenses, and sets punishments for violations. The Act has since been amended several times to update language and align with other communications laws.

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    Radio_Act_2014

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    The Radio Act of 1957 was enacted to control and regulate the use of radio machines in Nepal by requiring licenses. It defines key terms like "radio machine" and prohibits holding, making, or using radio machines without a license. It outlines processes for obtaining and renewing licenses, and sets punishments for violations. The Act has since been amended several times to update language and align with other communications laws.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    35 views6 pages

    The Radio Act, 2014 (1957) : Date of Publication in Nepal Gazette

    Uploaded by

    Reg Bhandari
    The Radio Act of 1957 was enacted to control and regulate the use of radio machines in Nepal by requiring licenses. It defines key terms like "radio machine" and prohibits holding, making, or using radio machines without a license. It outlines processes for obtaining and renewing licenses, and sets punishments for violations. The Act has since been amended several times to update language and align with other communications laws.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    The Radio Act, 2014 (1957)

    Date of Royal Assent Date of Publication in Nepal Gazette


    2014.2.19 (June 1, 1957) 2015.1.4 (April 16, 1958)

    The Amending Act: Date of Royal Assent and Publication


    1. Some Nepal Laws (Amendment and Rearrangement)
    Act, 2020 (1963) 2020.11.16 (Feb. 28, 1964)
    2. The Judicial Administration Reform Act, 2031 (1974) 2031.4.18.6
    (Aug. 2, 1974)
    3. The Radio (First Amendment Act), 2046 (1989) 2046.7.11(Oct. 27, 1989)
    4. The Act Amending Some Nepal Acts Relating to
    Communication, 2047 (1990) 2047.7.14 (Oct. 31, 1990)
    5. The Administration of Justice Act, 2048 (1991) 2048.2.16 (May 30, 1991)
    6. The Act Amending Some Nepal Acts Relating to
    Communications, 2057 (2000) 2057.10.18 (Jan. 31, 2001)

    Act number 26 of the year 2014 (1957)


    An Act to control and regulate activities of holding, making and using radio machines
    in Nepal

    Whereas, it is expedient to maintain peace and order and decency of the general
    public,1 by controlling and regulating activities of holding, making and using radio
    machines in Nepal;

    1 Amended by Some Nepal Laws (Amendment and Rearrangement) Act, 2020 (1963).

    [1]
    Now, therefore, His Majesty the King has enacted and issued this Act.

    1. Short title, extension and commencement: (1) This Act may be cited 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 His Majesty's
    Government may, by a notification in the Nepal Gazette, appoint.2

    2. Definitions: Unless the subject or the context otherwise requires, in this Act,-

    (a) "Radio machine"3 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,

    2 It came into force on 2016.9.16 (Dec. 31, 1959) by a notification published in the
    Nepal Gazette dated 2016.9.13 (Dec. 28, 1959).
    3 Amended by the First Amendment.

    [2]
    (e) Walkie-talkie,

    (f) Cordless telephone,

    (g) Video sender,

    (h) Amateur radio,

    (i) All kinds of satellite communication means


    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 His Majesty’s Government, upon 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.

    3. Prohibition on holding, making and using radio machine without license:


    Except as otherwise mentioned in Section 4, no person shall hold, make or use
    the radio machine without obtaining license under this Act.

    4Provided, however, 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

    4 Proviso inserted by the Act Amending Some Nepal Acts Relating to Communications,
    2057 (2000).

    [3]
    not be required to obtain the license under this Act to hold, make or use the
    radio machine relating to the telecommunications service.

    4. Powers of His Majesty’s Government to waive application of this Act in


    respect of any person or body or radio machine: His Majesty’s Government
    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.

    5. Mode of obtaining license: (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 His Majesty’s Government or the authority
    specified by His Majesty’s Government; and His Majesty’s Government or any
    authority specified by His Majesty’s Government may, as per the case, issue the
    license in the prescribed format……..5

    (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, excepting His Majesty’s Government, any authority specified by


    His Majesty’s Government refuses to issue the license as demanded by the
    application submitted pursuant to sub-sections (1) and (2), the aggrieved party
    may, no later than 35 days from the date of receipt of such refusal order, file an
    appeal with His Majesty’s Government against that order; and in cases where
    such an appeal is filed, a decision made by His Majesty’s Government shall be
    final.

    6. Punishment: (1) If any person holds, makes or uses the radio machine without
    obtaining license pursuant to Section 3, His Majesty’s Government or the
    authority specified by His Majesty’s Government 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.

    5 Deleted by the First amendment.

    [4]
    (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),
    His Majesty’s Government or the authority specified by His Majesty’s
    Government 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.

    7. Powers of Chief District Officer to issue search warrant: (1) If there is a


    reasonable reason to believe that any radio machine related with an offense
    punishable under this Act is placed in any house and land or in any kind of
    vehicle, the Chief District Officer6 may, at any time, issue a warrant to search
    that house and land or vehicle.

    (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 suspects to be related with the offense
    punishable under this Act.

    8. Devolution of seized radio machine on His Majesty’s Government: All


    radio machines and unclaimed radio machines seized under sub-section (2) of
    Section 6 shall devolve on His Majesty’s Government.

    9.7 Appeal: Any person who is not satisfied with a decision made by His
    Majesty’s Government or the authority specified by His Majesty’s Government
    may file an appeal in the Appellate Court8 against that decision.

    10. Powers to frame Rules: (1) His Majesty's Government may frame necessary
    Rules in order to accomplish the objectives of this Act.

    6 Amended by the Act Amending Some Nepal Acts Relating to Communications, 2047
    (1990).
    7 Amended by the First Amendment.
    8 Amended by the Administration of Justice Act, 2048 (1991).

    [5]
    (2) Without prejudice to the generality of the powers conferred by sub-
    section (1), such Rules may also provide for the following matters, in particular.

    (a) … …9

    (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) … …10

    9 Deleted by the First Amendment.


    10 Deleted by the First Amendment.

    [6]

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