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Section 8
Permission to be obtained
(1) Notwithstanding anything contained elsewhere in this paragraph, permission shall be obtained from the Board before registering the industries mentioned in Schedule-1. But before registering the industries mentioned in the serial number 1 of the same schedule, permission should be obtained from the Government of Nepal, Council of Ministers.
(2) A person who wants to register an object requiring permission according to sub-section (1) must submit an application to the board through the industry registration body in the prescribed format along with the prescribed details.
(3) If it is found that necessary details or documents are attached while examining the application and related documents as per sub-section (2), the industry registration body shall submit it to the board for decision with its opinion within seven days.
(4) In relation to the application received under sub-section (2), the board shall decide within thirty days whether or not to grant permission to register the industry.
(5) When deciding to grant permission from the Board in accordance with Subsection (4), the Board may also specify additional conditions and criteria.
(6) In case of a decision to grant a permit by the Board in accordance with sub-section (4), the department shall provide the permit in the prescribed format along with the information of the decision to the applicant concerned within five days of such decision.
(7) The person who has received the permit as per sub-section (6) shall submit an application for the registration of the use to the authority that registers the use within the time period mentioned in the permit. If the application is not submitted within the prescribed time period, such permit will automatically become inactive.
(8) In case the board decides not to grant permission to register an industry in accordance with sub-section (4), the agency registering the industry shall inform the applicant within five days of the decision.
(9) An applicant who has obtained a permit according to sub-section (6) may not transfer, sell or change the ownership of such permit in any way before starting the operation of the industry, his commercial production or business. However, if an applicant dies before starting the industry or starting his commercial production or business, his right holder according to the prevailing law will not be hindered from performing the remaining work as the applicant.