Section 2
Black-marketing
2. Black-marketing:
If any person commits, or causes to be committed, any of the following acts, that person shall be deemed to have committed blackmarketing and be liable for the punishment as follows:
(a) If any person sells any goods by receiving the price higher than the price fixed, if any, by Government of Nepal, and than the price fixedby the producer, importer or main distributor of the goods prescribed by Government of Nepal upon a Notification published in the Nepal Gazette, where Government of Nepal has not fixed the price, such
person shall be punished with imprisonment for a term not exceeding Ten years and with also a fine, and the price of the goods received by such person shall be returned and the goods forfeited.
Explanation: While fixing the wholesale or retail price, it shall be fixed generally, by having regard to the following matters and also hearing the concerned sector so that the consumer gets it at a fair price:
(a) the price of goods,
(b) fare and rent,
(c) customs duties,
(d) taxes, fees and all reasonable expenses permissible under the prevailing law payable while importing or
producing goods,
(e) enterprise expenses,
(f) reasonable commission of the dealer, retailer or agent, and
(g) reasonable profit of the producer or the importer.
(b) If any person, who has taken any goods referred to in Clause (a) which are not easily available in the open market in the required quantity at the fixed price with or without getting an order or coupon for personal consumption, sells such goods or order or coupon at a higher price with or without receiving commission or gives the same
in any other manner, such person may be punished with imprisonment for a term not exceeding Three years or with a fine or both, and the price, commission received for such goods or order or coupon shall be returned and the order or coupon shall be cancelled.
Provided that,-
(1) If the goods do not remain necessary after the goods have been taken, the goods shall be given to the person
designated by the person whose coupon has been used to get the goods with his/her consent in writing at the
price obtained by him/her immediately upon being the goods not necessary. If the goods have not been taken,
the order or coupon shall be returned immediately.
(2) The giving of such goods in a small quantity to manage the need of personal consumption of one’s
near person or neighbour without receiving higher price shall not be deemed to be an offense under this
Clause.
(c) If any person sells a ticket for the fee or fare payable for any recreation or transportation service by receiving the price higher than the price of ticket, such person may be punished with imprisonment for a term not exceeding one year or with a fine or with both, and the amount of the price received in excess shall be forfeited.
(d) Government of Nepal may, as per necessity, form price fixation advisory committees for the purpose of fixing the price under this Section.
If any person commits, or causes to be committed, any of the following acts, that person shall be deemed to have committed blackmarketing and be liable for the punishment as follows:
(a) If any person sells any goods by receiving the price higher than the price fixed, if any, by Government of Nepal, and than the price fixedby the producer, importer or main distributor of the goods prescribed by Government of Nepal upon a Notification published in the Nepal Gazette, where Government of Nepal has not fixed the price, such
person shall be punished with imprisonment for a term not exceeding Ten years and with also a fine, and the price of the goods received by such person shall be returned and the goods forfeited.
Explanation: While fixing the wholesale or retail price, it shall be fixed generally, by having regard to the following matters and also hearing the concerned sector so that the consumer gets it at a fair price:
(a) the price of goods,
(b) fare and rent,
(c) customs duties,
(d) taxes, fees and all reasonable expenses permissible under the prevailing law payable while importing or
producing goods,
(e) enterprise expenses,
(f) reasonable commission of the dealer, retailer or agent, and
(g) reasonable profit of the producer or the importer.
(b) If any person, who has taken any goods referred to in Clause (a) which are not easily available in the open market in the required quantity at the fixed price with or without getting an order or coupon for personal consumption, sells such goods or order or coupon at a higher price with or without receiving commission or gives the same
in any other manner, such person may be punished with imprisonment for a term not exceeding Three years or with a fine or both, and the price, commission received for such goods or order or coupon shall be returned and the order or coupon shall be cancelled.
Provided that,-
(1) If the goods do not remain necessary after the goods have been taken, the goods shall be given to the person
designated by the person whose coupon has been used to get the goods with his/her consent in writing at the
price obtained by him/her immediately upon being the goods not necessary. If the goods have not been taken,
the order or coupon shall be returned immediately.
(2) The giving of such goods in a small quantity to manage the need of personal consumption of one’s
near person or neighbour without receiving higher price shall not be deemed to be an offense under this
Clause.
(c) If any person sells a ticket for the fee or fare payable for any recreation or transportation service by receiving the price higher than the price of ticket, such person may be punished with imprisonment for a term not exceeding one year or with a fine or with both, and the amount of the price received in excess shall be forfeited.
(d) Government of Nepal may, as per necessity, form price fixation advisory committees for the purpose of fixing the price under this Section.