Section 40
Provisions Relating To Delivery Of Notice
(1) Notwithstanding anything written in the prevailing laws, a notice to be delivered in the name of a foreign person in connection with an offense under this Act shall be delivered in the name of an office or representative of such person in Nepal, if any, and the notice so delivered shall be deemed to have been duly delivered.
(2) In case the office or representative as stipulated under Sub-Section (1) does not exist, the notice shall be delivered at the main place of business of such
person or his/her permanent residential address or at the mailing address if provided by him/her in the course of business, through telex, telefax or other
means of telecommunication or through post by registration and the notice so delivered shall be deemed to be duly delivered.
(3) Notwithstanding anything mentioned in Sub-Section (1) or (2), if there is a separate provision in any treaty where Government of Nepal or Nepal is a
party, there shall be no obstruction in delivering the notice in the name of a person residing in foreign country in the manner as specified in the same.
(2) In case the office or representative as stipulated under Sub-Section (1) does not exist, the notice shall be delivered at the main place of business of such
person or his/her permanent residential address or at the mailing address if provided by him/her in the course of business, through telex, telefax or other
means of telecommunication or through post by registration and the notice so delivered shall be deemed to be duly delivered.
(3) Notwithstanding anything mentioned in Sub-Section (1) or (2), if there is a separate provision in any treaty where Government of Nepal or Nepal is a
party, there shall be no obstruction in delivering the notice in the name of a person residing in foreign country in the manner as specified in the same.