New e-commerce law in Nepal: Here are 9 key provisions

3 days ago 7

With globalisation, the satellite has seen accelerated improvement successful e-commerce. Nepal cannot enactment isolated from this phenomenon. Consequently, the Nepali marketplace has been witnessing an upswing successful e-commerce businesses.

Meanwhile, accusation exertion is booming majorly due to the fact that of net penetration successful the Nepali marketplace which has reached 77.91 per cent of the full colonisation arsenic of mid-October 2020.

The upswing was further expanded by the dispersed of the coronavirus which forced radical to fastener themselves wrong the house. In this commercialized world, e-commerce is the aboriginal market. But, it is afloat of regulatory complexities regarding the issues specified arsenic information privacy, transportation time, user protection, mode of integer outgo among a few.

The e-commerce marketplace is conscionable unfolding successful Nepal. However, it does not person immoderate wide ineligible provisions and guidelines which has caused inconvenience to the entrepreneurs successful starting and operating the business. On the different hand, consumers are not successful a presumption to spot e-commerce businesses arsenic determination are nary specified laws and authorities agencies that are afloat designated for regulating e-commerce.

Recently, the Ministry of Industry, Commerce and Supplies drafted an e-commerce bill with an purpose to create, modulate and facilitate online commercialized successful Nepal. The measure is being reviewed by the acrophobic ministry which shall beryllium passed from parliament and shall beryllium implemented upon support from the president. It volition beryllium the archetypal dedicated e-commerce instrumentality successful Nepal.

The measure aims astatine addressing astir of the problems the costumers were facing successful the assemblage currently. In a nutshell, present are 9 cardinal provisions projected successful the bill:

1. Order to beryllium deemed arsenic contract

Section 7, sub-section 1: If the seller accepts the bid placed by the customer, it shall beryllium deemed arsenic declaration and the duties arsenic of declaration shall beryllium created.

2. Right to cancellation

Section 7, sub-section 3: The lawsuit tin cancel the bid until the merchandise is dispatched oregon the work is provided.

3. No complaint successful lawsuit of cancellation

Section 7, sub-section 4: An bid cancelled arsenic per conception 7, sub-section 3 shall not beryllium charged and if the magnitude for the merchandise oregon work is pre-paid, each the magnitude shall beryllium refunded to the customer.

4. Diverse outgo methods

Section 8, sub-section 2: The lawsuit tin wage by utilizing immoderate mode of payment; it whitethorn beryllium cash, debit/credit card, internet/mobile banking oregon done cheque.

5. Fixed spot and clip for delivery

Section 9: The seller shall present the goods successful a peculiar spot and clip which is mentioned portion placing an order.

6. Prohibition connected alteration

Section 11(a): The goods and services mentioned connected the website shall beryllium delivered to the customers.

7. Provision of replacement and refund

Section 11(b): If the goods delivered is recovered to beryllium defective, the seller shall regenerate the goods oregon shall refund the amount.

8. Non-compliant sellers to beryllium booked

Section 18, sub-section 2: If the seller commits immoderate happening against the act, they shall beryllium labile for good ranging up to Rs 200,000.

 9. Complaint effect mechanism

Section 20: In lawsuit of inability to present the goods wrong the stated time,the lawsuit tin record the ailment successful acrophobic District Administration Office.

Section 23: The seller should designate an worker to perceive complaints from the customers. The name, telephone fig and code of the worker shall beryllium placed connected the website

Existing provision

For now, owed to the deficiency of designated laws to modulate and incorporated the e-commerce business, the companies are incorporated arsenic per the Company Act 2063 aft registration astatine the Office of the Company Register.

After incorporating the institution arsenic per the Company Act, it should instrumentality support from the Department of Commerce oregon the Department of Industry depending upon the quality of business. For instance, if the quality of concern is related to the trading of goods, it shall instrumentality support from the Department of Commerce and if the concern location is incorporated with an nonsubjective of producing goods and materials, the Department of Industry should springiness the approval.

Here again, determination is nary wide process and criteria for applying and issuance of licences.

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