Section 15
Monopoly To Operate Schedule Air Transport Services
15. Monopoly to operate Schedule Air Transport Services :
(1) No person other than the Corporation or its associated shall be entitled to operate any scheduled air transport services from or to Nepal or from one part of Nepal to another part from such date as may be prescribed by Government of Nepal by a notification published in the Nepal Gazette. Provided that nothing in this Section shall be deemed to have limited the following rights of any person:-
(a) To operate air transport services by a person with the permission of Government of Nepal for such time until the Corporation itself is competent to operate such services from or to Nepal or within Nepal, or to operate air transport services by any foreign government pursuant to an agreement signed with Government of
Nepal, or to operate air transport services pursuant to an agreement entered into with Government of Nepal prior to the commencement of this Act until the expiry of the terms of such agreement;
(b) to operate aircraft with passengers mainly with the purpose of imparting instructions relating to the functions and duties of air pilots or enabling air controllers to test the aircraft; or
(c) to transport passengers and goods for the purpose of providing relief if the event of natural disaster, or
(d) to operate aircraft for the sole purpose of joy rides consisting of flights operated from and to the same airport or place without landing at any other airport or place, or for the purpose of aerial survey, fire fighting, crop-dusting, locust control, transport the passengers and goods for the purpose of similar other functions.
(2) In case any person operate scheduled air transport service in contravention of the provisions of this section, shall be liable in respect of each offence to a fine not exceeding One Thousand Rupees or to imprisonment for a period not exceeding one year or to both. Explanation: The operation of each flight shall constitute a separate offence for the purpose of this Section.
(3) In case, it is required to extend the term of the agreement mentioned in Clause (a) of the provision of Sub-section (1) after its expiry, or in case, it is required to allow any person or company or government of the foreign country to operate new air transport services in any other manner after the commencement of this Act, Government of Nepal shall decide for granting such permission after consulting the Corporation.
(4) The Corporation shall obtain the prior approval of Government of Nepal to extend its services to areas beyond those permitted by Government of Nepal
(1) No person other than the Corporation or its associated shall be entitled to operate any scheduled air transport services from or to Nepal or from one part of Nepal to another part from such date as may be prescribed by Government of Nepal by a notification published in the Nepal Gazette. Provided that nothing in this Section shall be deemed to have limited the following rights of any person:-
(a) To operate air transport services by a person with the permission of Government of Nepal for such time until the Corporation itself is competent to operate such services from or to Nepal or within Nepal, or to operate air transport services by any foreign government pursuant to an agreement signed with Government of
Nepal, or to operate air transport services pursuant to an agreement entered into with Government of Nepal prior to the commencement of this Act until the expiry of the terms of such agreement;
(b) to operate aircraft with passengers mainly with the purpose of imparting instructions relating to the functions and duties of air pilots or enabling air controllers to test the aircraft; or
(c) to transport passengers and goods for the purpose of providing relief if the event of natural disaster, or
(d) to operate aircraft for the sole purpose of joy rides consisting of flights operated from and to the same airport or place without landing at any other airport or place, or for the purpose of aerial survey, fire fighting, crop-dusting, locust control, transport the passengers and goods for the purpose of similar other functions.
(2) In case any person operate scheduled air transport service in contravention of the provisions of this section, shall be liable in respect of each offence to a fine not exceeding One Thousand Rupees or to imprisonment for a period not exceeding one year or to both. Explanation: The operation of each flight shall constitute a separate offence for the purpose of this Section.
(3) In case, it is required to extend the term of the agreement mentioned in Clause (a) of the provision of Sub-section (1) after its expiry, or in case, it is required to allow any person or company or government of the foreign country to operate new air transport services in any other manner after the commencement of this Act, Government of Nepal shall decide for granting such permission after consulting the Corporation.
(4) The Corporation shall obtain the prior approval of Government of Nepal to extend its services to areas beyond those permitted by Government of Nepal