4. Policies

The following Act (IEE), Rules, Regulation and Policies are implemented by the Department.

1. Industrial Policy
   
2. Foreign Investment and One Window Policy
   
3. Industrial Enterprise Act
   
4. Foreign Investment & Technology Transfer Act
   
5. Firm Registration Act
   
6. Partnership Act
   
7. Patent, Design and Trademark Act
   
8. Environment Protection Act and Regulation

Permission

Industries other than industries requiring permission, which may significantly cause adverse effect on the security, public health and the environment, shall not be required to obtain permission for their establishment, extension and diversification.

Industries Requiring Permission

a) Industries producing explosives including arms, ammunition and gunpowder, security printing, bank notes and coin industries.
b) Cigarettes, bidi, cigar, chewing tobacco, khaini industries, producing goods of a similar nature utilizing tobacco as the basic raw material and alcohol or beer producing industries.

In establishing any industry which does/does not require permission, and application shall be required to be made to the department for its registration in prescribed format. The department shall, within 21 days from the date of application for registration, register such industry and issue industry registration certificate.

Industrial Promotion Board

The Industrial Promotion Board is being formed under the chairmanship of Minister for Industry, Commerce and Supplies, in order to increase the pace of the industrialization in the country, to formulate the policy regarding industry and investment and to coordinate between central and implementing level.

The function, duties and power of the Board are:

a) To render necessary co-ordination in formulating and implementing policies, laws and regulations pertaining to the industrialization of the country.
b) To give guidelines in attaining the objectives of liberal, open and competitive economic policies pursued by the country so as to make the industrial sector competitive.
c) To maintain coordination between the policy level and the implementation level of the industrial policy.
d) To cause to follow the ways and means for the prevention of the environmental pollution by putting more emphasis on the avoidance of effects on the environment and the public health.
e) To make recommendation to His Majesty's Government for the inclusion of any industry in the classification of industries.
f) To make recommendation to His Majesty's Government to introduce changes in the Areas mentioned in Annex-3 of Industrial Enterprises Act, 2049 by making evaluation thereof from time to time.
g) To give directives to the concerned body after making inquirer into the application submitted by any industry complaining that the industry has not received the facilities and concessions to be made available by the Committee.
h) Other functions, duties and powers of the Board shall be as prescribed

One Window Committee

His Majesty's Government has formed One-Window Committee under the coordinatorship of Director General of Department of Industries to provide the facilities and concessions to any industry under Industrial Enterprises Act, 1992 from a single place. The committee constitute department chiefs of different department relating to the facilities and concessions as well as representative from private sector, FNCCI.

Foreign Investment

The department shall implement the Foreign Investment and Technology Transfer Act, 1992, in order to promote foreign investment and technology transfer in the country. The foreign investment and technology transfer upto 100% can be made in any industry except in some industry included in the negative list.

Industrial Property Section

The Patent, Design and Trademark Act has authorized the Department to protect the industrial property like patent, design and trademark; Patents shall include new invention; principles and formulae; Design shall include physical shape and appearance whereas Trademark shall include the word, sign, picture or all three or combination between them to differentiate the product from the others.

The Department shall act as semi-judiciary unit in case of protection of industrial property as well as in the settlement of disputes and other administrative procedure.

The Department shall also act as a focal point of all the international organization / institution including World Intellectual Property Organization (WIPO). Besides the membership of WIPO, Nepal has received a membership for Paris Convention for Industrial Property.

Industrial Pollution Control

The industrial enterprises act has made a provision to take the permission to establish or to extend the industry which may adversely affect the public health and environment. Environment Protection Act, 2053 and Environment Protection Regulation, 2054 is in effect. The Department shall review the Initial Environment Examination (IEE) report before granting permission for establishing or extending such industry. The Department shall also try to solve the problem arising due to pollution in the environment. The Department is also entrusted to provide temporary or permanent pollution control certificate and also to monitor the compliance plan.

Nepalese Industrial Product Export to India

There is a provision of concessional export of all the Nepalese products to India except those in the negative list like cigarette, bidi, liquor, perfume etc. as per the current India-Nepal Treaty on Trade & Transit. For that purpose the "Certificate of Origin" is required which shall be issued by private sector like Federation of Nepalese Chamber of Commerce & Industry with the recommendation of Technical Committee constituted under the coordination ship of Director General of the Department.

Monitoring, Information Dissemination and Publication

The department shall closely monitor all the industry established under the Department whether national, joint or foreign investment. The Department has also conducted the study on the problems of industrial sectors and weakness on implementation of policy, act and regulation. The industrial data and informations will be provided to all the needy persons.