Nepal: Immigration Act, 1992
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 2 November 1992 |
| Other Languages / Attachments | Foreigners Act, 1958 |
| Cite as | Nepal: Immigration Act, 1992 [Nepal], 2 November 1992, available at: http://www.refworld.org/docid/3ae6b4f98.html [accessed 22 September 2016] |
| Comments | This is an unofficial translation. The original Act was issued on 2 November 1992 and published in the Nepal Rajapatra, vol 42, No. 39 (E), Kartik 17, 2049. It repeals the Foreigners Act, 1958. The amendment included here is: - First Amendment, issued on 13 October 1993 and published in the Nepal Rajapatra, Vol. 43, No. 39 (E), Aswin 27, 2050. With the kind permission of Regmi Research (Private) Ltd., Lazimpat, Kathmandu. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Preamble:
Whereas it is desirable to regulate and control the entry, presence and departure of foreigners from the Kingdom of Nepal, as well as to systematize the arrival and departure of the Nepali nationals, now therefore, the Parliament has enacted this law in the 21st year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.1. Short Title and Commencement
(1) This law may be called the Immigration Act, 1992.
(2) It shall come into force at once.
2. Definitions
Unless otherwise meant with reference to the subject of context, in this act:(a) Immigration means the process of entry, presence and departure of foreigners from the Kingdom of Nepal.
(b) Foreigner means any person who is not a Nepali national at the time.
(c) Passport means a passport, travel document, or any similar permit issued by the government of any nation entitling (the recipient) to travel abroad. The term includes a laissez passer issued by the United Nations.
(d) Visa means a permit issued by HMG to any foreigner to enter into and remain inside the Kingdom of Nepal.
(e) Department means the Department of Immigration established by HMG to regulate the entry, presence and departure of foreigners from the Kingdom of Nepal, as well as to systematize the arrival and departure of Nepali nationals.
(f) Office means the Immigration Office under the Department.
(g) Director-General means the Chief of the Department.
(h) Immigration Officer means an officer working in the Department and office; the term includes the office-chief.
(i) Trekking means travel on foot undertaken by any foreigner overnight; the term includes travel on foot up to the base camp by foreigners undertaking mountaineering expeditions.
(j) Prescribed or as prescribed means prescribed or in the manner prescribed by this act or the-rules framed hereunder.
3. Provisions Regarding Entry, Presence and Departure
(1) No foreigner shall be allowed to enter into and stay in the Kingdom of Nepal without obtaining a passport and visa.
(2) The categories, fees, and other arrangements relating to visa shall be as prescribed.
(3) Foreigners who want to trek in prescribed areas in the Kingdom of Nepal must obtain the prescribed permit along with the visa.
(4) Fees and other matters relating to trekking shall be as prescribed.
(5) The points through which any foreigner enters into or departs from the Kingdom of Nepal shall be as prescribed.
(6) Provisions relating to departure from the Kingdom of Nepal to foreign countries or the departure or arrival of Nepali nationals into the Kingdom of Nepal shall be as prescribed.
4. Conditions to be Fulfilled by Foreigners
(1) The conditions to be fulfilled by foreigners who reside in the Kingdom of Nepal shall be as prescribed.
(2) The conditions to be fulfilled by agencies providing services to foreigners for visas or trekking shall be as prescribed.
5. Prohibition to Use Forged Passports or Visas
(1) No one shall give false or wrong particulars regarding his name, age, nationality, etc., or use forged passport or visa, or instigate others to do so.
(2) No one shall enter, stay and depart from the Kingdom of Nepal by submitting a forged passport or visa.
(3) No one shall allow any foreigner who does not possess a passport and visa issued by the government of a foreign country, or the authority empowered by such government, to enter, stay or depart from the Kingdom of Nepal.
6. Documents may be Inspected or Seized
The Immigration Officer or an employee designated by the Director-General may inspect at any time and place the documents relating to the entry, presence and departure of foreigners, and also seize such documents.7. Functions, Duties and Powers of the Director-General
The functions, duties and powers of the Director General shall be as follows:(a) To regulate, systematize and control the entry, presence and departure of foreigners from the Kingdom of Nepal or make arrangements to do so.
(b) To issue trekking permits to foreigners.
(c) To issue visas as prescribed, and extend the term of such visas.
(c1) To cancel in prescribed circumstances the trekking permits issued under Clause (b), or visas issued or extended under Clause (c).
(d) To systematize the arrival and departure of Nepali nationals.
(e) To discharge other functions according to directives given by HMG from time to time, or make arrangements for doing so.
8. Investigations into Offenses Relating to Immigration
(1) In case the Department or office comes to know directly or indirectly that any offense tens been or is going to be committed in contravention of this act and the rules framed hereunder, the Immigration Officer designated by the Director-General shall conduct investigations and take actions in respect to such offence.
(2) While investigating into or collecting evidence of offenses under Sub-Section (1), the Immigration Officer shall be vested with all powers to which the police are entitled according to current law to arrest the person engaged in such offence, search any place connected with the offence, and prepare a local inquiry report. While conducting investigations in such a manner, the Immigration Officer may record statements from the accused person, and keep him on parole, release him against surety or bail, or keep him in detention, if there exist reasonable grounds for doing so.
Provided that the Immigration Officer shall inform the Director-General immediately after initiating investigations into the offence.
(2a) In case any accused person who is required to provide surety or bail under Sub-Section (2) is unable to do so, he may be kept in detention.
(3) While conducting investigations under Sub-Section (2), the Immigration Officer may consult the government lawyer, if necessary.
9. Power to Deport
(1) After the Immigration Officer completes investigations into offences in respect to any foreigner under this law, and submits a report to the Director-General the Director-General may, on the basis of such report, regularize necessary matters in the prescribed manner, and deport such foreigner with the approval of HMG with or without prescribing the term, so that he is not allowed to re-enter into the Kingdom of Nepal.
(1a) The Director-General may, with the approval of HMG, issue orders for the deportation from the Kingdom of Nepal of any foreigner who has already undergone punishment for having acted in contravention of this act or the rules framed hereunder or the current law, and who is required to obtain a visa, with or without specifying the period of such deportation.
(2) A foreigner who is deported under Sub-Section (1) and Sub-Section (1a) shall not be allowed re-entry into the Kingdom of Nepal for the period of such deportation.
(3) Other matters relating to deportation shall be as prescribed.
10. Fines and Penalties
(1) In case any person commits any offense under Section 5, or instigates others to do so, he shall be punished with a fine of not more than Rs 50,000, or with imprisonment for a term not exceeding five years, or with both.
(2) In case any person contravenes the provision of Sub-Section (2) of Section 9, or instigates others to do so, he shall be punished with a fine of not more than Rs 25,000, or with imprisonment for a term not exceeding two years for the first offence and with a fine not exceeding Rs 50,000, or with imprisonment for a term not exceeding five years, or with both, for each subsequent offense.
(3) The person who instigates others to commit an offense which is punishable under Sub-Section (1) or Sub-Section (2) shall be subject to half of the penalty due to the offender.
(4) In case any person does anything in contravention of this act or the rules framed hereunder, other than those mentioned in the foregoing Sub-Sections, the Director-General may fine him with an amount not exceeding Rs 50,000 after also collecting the amount specified as payable by him.
11. Appeal
Any person who is aggrieved by the penalty inflicted under Sub-Section (4) of Section 10 may file an appeal to the Appellate Court within 35 days.12. HMG to be the Plaintiff
HMG shall be the plaintiff in cases under this act.13. Exemption from Visa Fees
Visa fees shall not be collected from any foreigner who is being detained in the course of investigations under this act or the current law, during the term of his detention. In the case of a foreigner against whom a suit is filed, visa fees shall not be collected from the day when such suit is filed to the day when the sentence of imprisonment, if any, is completed, and, if a fine has been imposed, until the day when such fine is paid.14. Powers of HMG
(1) HMG may exempt foreigners of any class, group, nationality or race from any or all of the provisions of this act or the rules framed hereunder, or make them applicable only subject to prescribed conditions.
(2) In case HMG feels that the entry, presence or departure of any foreigner from the Kingdom of Nepal is contrary to the national interests, it may ban the entry, presence or departure of such foreigner.
15. Delegation of Authority
The Director-General may entrust any or all of the power vested in him under this act to any officer or employee subordinate to him.16. No Obstacle in Action Under Other Current Law
No provision of this act shall be deemed to have prejudiced the filing of any suit in the Court against any person under other current law.17. Immunity for Bonafide Action
No claim for compensation may be filed d or suit or other legal action initiated against any employee for any action taken or sought to be taken under this act with bonafide motives.18. Power to Frame Rules
HMG may frame rules for implementing the objectives of this act.19. Repeal and Saving
(1) The 1958 Foreigners Act has been repealed.
(2) Actions taken or functions performed under the 1958 Foreigners Act or the rules framed thereunder shall be deemed to have been taken or performed under this act.
