Section 4
Power Of Government Of Nepal To Issue Orders In Special Situation
4. Power of Government of Nepal to issue orders in special situation:
(1) Government of Nepal may, by an order published in the Nepal Gazette, do as followings if it deems necessary for public safety, peace and order:-
(a) Cancel or suspend all or any license or certificate, granted in accordance with this Act or prevailing law, in accordance with the terms if, such terms are prescribed by the Government of Nepal it so required and without prescribing any terms if terms are not being prescribed.
(b) Prohibit the flight of all or any types of aircrafts over Nepal or any part thereof in accordance with the terms if, having deemed it necessary, Government of Nepal
has prescribed any terms in the order and otherwise without any terms, or regulate that in accordance with other modalities prescribed in the same order.
(c) Prohibit or regulate, whether by prescribing any terms or not, the act of making, or carrying out proper maintenance thereof, or using aerodrome, aircraft
factory, flying school or club or other types of places where aircrafts are manufactured or repaired or kept.
(d) To require that any aircraft or any class of aircraft or any aerodrome, aircraft factory, flying school or club or other types of places where aircraft are manufactured, or repaired or kept should hand over machinery, plant, including other materials to be used for the operation, manufacture, repairing or
maintenance of aircraft to the prescribed authority immediately or within such period of time or in such modalities as may be prescribed in the same order,
Government of Nepal may use the things so handed over in the public service.
(2) If any order made under Clause (c) or (d) of Sub-section (1) results directly in any loss or damage to any person, such person shall be compensated therefor with such amount as may be fixed by the authority appointed by Government of Nepal for that purpose.
(3) Government of Nepal may, for the compliance with any order made under Sub-section (1), take or cause to be taken such steps as it may deem necessary.
(4) Where any person, who does not comply with the order made under Sub-section (1) or acts in contravention of such orders, shall be punished with imprisonment of upto Three years or a fine of up to Five Thousand Rupees or both
(1) Government of Nepal may, by an order published in the Nepal Gazette, do as followings if it deems necessary for public safety, peace and order:-
(a) Cancel or suspend all or any license or certificate, granted in accordance with this Act or prevailing law, in accordance with the terms if, such terms are prescribed by the Government of Nepal it so required and without prescribing any terms if terms are not being prescribed.
(b) Prohibit the flight of all or any types of aircrafts over Nepal or any part thereof in accordance with the terms if, having deemed it necessary, Government of Nepal
has prescribed any terms in the order and otherwise without any terms, or regulate that in accordance with other modalities prescribed in the same order.
(c) Prohibit or regulate, whether by prescribing any terms or not, the act of making, or carrying out proper maintenance thereof, or using aerodrome, aircraft
factory, flying school or club or other types of places where aircrafts are manufactured or repaired or kept.
(d) To require that any aircraft or any class of aircraft or any aerodrome, aircraft factory, flying school or club or other types of places where aircraft are manufactured, or repaired or kept should hand over machinery, plant, including other materials to be used for the operation, manufacture, repairing or
maintenance of aircraft to the prescribed authority immediately or within such period of time or in such modalities as may be prescribed in the same order,
Government of Nepal may use the things so handed over in the public service.
(2) If any order made under Clause (c) or (d) of Sub-section (1) results directly in any loss or damage to any person, such person shall be compensated therefor with such amount as may be fixed by the authority appointed by Government of Nepal for that purpose.
(3) Government of Nepal may, for the compliance with any order made under Sub-section (1), take or cause to be taken such steps as it may deem necessary.
(4) Where any person, who does not comply with the order made under Sub-section (1) or acts in contravention of such orders, shall be punished with imprisonment of upto Three years or a fine of up to Five Thousand Rupees or both