You are viewing the translated version of धरौटी फिर्ता वा बैङ्क ग्यारेण्टी फुकुवा.
Section 52
Refund of bond or release of bank guarantee
: (1) If the license of a licensee is canceled according to this Act or if such company does not carry out the business according to the license, such licensee may apply to the department for the release of the bond or the bank guarantee.
(2) When making an application according to sub-section (1), the licensee must also disclose any outstanding debts to the Government of Nepal or anyone else.
(3) If the application received according to sub-section (1) is found to be appropriate, the department may refund such bond amount or release the bank guarantee.
(4) Before releasing the bond or bank guarantee in accordance with sub-section (3), the department shall publish a notice in a national level daily newspaper giving a deadline of thirty days to claim any amount due from such licensee or direct seller or distributor of the goods. br> (5) Within the period specified in the notice published in accordance with sub-section (4), if it is found that the fraud is reasonable during the examination of such claim, or if it is proven that the licensee has taken any amount from someone for direct sale or distribution of goods but did not provide the goods, the department shall return such amount to the concerned person within fifteen days. will order the relevant licensee to do so.
(6) If the licensee does not return the amount to be returned to the concerned person according to the order given by the department in accordance with sub-section (5), the department shall deduct such amount from the bond or bank guarantee kept by the licensee and pay it to the concerned person.
(7) If no claim is made within the time limit of the notice published in accordance with sub-section (4), if evidence is obtained that such amount has been returned by the licensee in accordance with sub-section (5) or after payment has been made to the concerned person in accordance with sub-section (6), the department shall refund the remaining bond amount or release the bank guarantee. It will have to be done.
(8) Under sub-section (6) bond or bank guaranteeIf it is not enough to refund the amount from the contractor, then the license holder should send the amount in writing to the relevant agency for payment according to the prevailing law.
(9) According to sub-section (4), the expenses incurred while publishing the notice shall be deducted from the amount of bank guarantee of the concerned licensee.
(3) If the application received according to sub-section (1) is found to be appropriate, the department may refund such bond amount or release the bank guarantee.
(4) Before releasing the bond or bank guarantee in accordance with sub-section (3), the department shall publish a notice in a national level daily newspaper giving a deadline of thirty days to claim any amount due from such licensee or direct seller or distributor of the goods. br> (5) Within the period specified in the notice published in accordance with sub-section (4), if it is found that the fraud is reasonable during the examination of such claim, or if it is proven that the licensee has taken any amount from someone for direct sale or distribution of goods but did not provide the goods, the department shall return such amount to the concerned person within fifteen days. will order the relevant licensee to do so.
(6) If the licensee does not return the amount to be returned to the concerned person according to the order given by the department in accordance with sub-section (5), the department shall deduct such amount from the bond or bank guarantee kept by the licensee and pay it to the concerned person.
(7) If no claim is made within the time limit of the notice published in accordance with sub-section (4), if evidence is obtained that such amount has been returned by the licensee in accordance with sub-section (5) or after payment has been made to the concerned person in accordance with sub-section (6), the department shall refund the remaining bond amount or release the bank guarantee. It will have to be done.
(8) Under sub-section (6) bond or bank guaranteeIf it is not enough to refund the amount from the contractor, then the license holder should send the amount in writing to the relevant agency for payment according to the prevailing law.
(9) According to sub-section (4), the expenses incurred while publishing the notice shall be deducted from the amount of bank guarantee of the concerned licensee.