tourism law in nepal

Tourism Act, 2035
(Provisions Relating to Mountaineering)
Restriction of Climbing the Himalayan-Peaks without Obtaining Permission:

No any mountaineering expedition team shall be entitled to climb any Himalayan-Peaks without obtaining permission under this Act.
Permission to be taken for Mountaineering:
A mountaineering expedition team, desirous to climb any Himalayan-peak of the Kingdom of Nepal opened by Government of Nepal for mountaineering shall have to submit an application to Government of Nepal as prescribed.
Government of Nepal may, if an application is received persuant to sub-section(1) and if it deems reasonable after making necessary examination there of, issue permit as prescribed.
The condition to be fulfilled by the mountaineering expedition team obtaining permit for mountaineering shall be as prescribed.
Royalty to be paid for Mountaineering:
The mountaineering expedition team, obtaining permit for mountaineering persuant to section 17, shall pay the prescribed royalty in the convertible foreign currencies for the specified altitude of Himalayan peak.
Provided that the royalty to be paid by a Nepalese mountaineering expedition team or by Nepalese side of a joint-mountaineering expedition team of Nepalese and foreigners may be paid in Nepalese currency.
The royalty being paid by a mountaineering expedition team shall not be transferred for another mountaineering expedition team.
Route for Mountaineering:
A mountaineering expedition team shall strictly use the route for mountaineering as prescribed in the permit issued by Government of Nepal.
A prior approval of Government of Nepal shall have to be obtained in case the route of mountaineering is needed to change on account of natural or any other reasons.
Provided that, if it is indispensable to change the route on account of unexpected reasons, the reason thereof shall have to be informed as soon as possible to Government of Nepal through the Liason Officer.
Liason Officer:
A Mountaineering expedition team, which has obtained a permit for mountaineering, shall have to include Liason Officer in such number of its team as Government of Nepal may depute.
A Mountaineering expedition team shall have to provide with the facilities as prescribed for the Liason Officer deputed for accompanying what the expedition team persuant to sub-section (1) for the period commencing from the date of departure for mountaineering expedition to the date of arriving after completion of mountaineering at Kathmandu or any other place as specified by Government of Nepal.
The functions, duties and powers of a Liason Officer shall be as prescribed.
Provision relating to Sirdar, Mountain Guide, Base-Camp Workers, etc.
A mountaineering expedition team, may, while departing for mountaineering, take Sirdar, mountain-guides, base-camp-workers, altitude-workers and local-workers over to mountaineering expedition with it. The mountaineering team shall have to provide with the facilities as prescribed for such person accompanying with the expedition team for the period commencing from the date of departure for mountaineering expedition to the date of arriving after completion of mountaineering at Kathmandu or any other place as specified by Government of Nepal. Provided that the mountaineering expedition team shall take the workers in a number as prescribed with it.
Base-camp-workers, altitude-workers or local-workers may be taken over to the expedition on the way if so required after departing for the mountaineering.
Functions, duties and powers of the Sirdars, mountain-guides, base-camp-workers, altitude-workers and local-workers shall be as prescribed.
Nepalese Citizen Ought to be:
The Sirdars, mountain-guides, altitude-workers, base-camp-workers and local-workers should be the Nepalese citizens.
May be removed from work:
The leader of the mountaineering expedition team, may in consultation with the Liason Officer remove any Sirdar, mountain-guide, altitude-worker, base-camp-worker from work in case any of such person's work is not seemed satisfactory.
1A. If any person is removed from work before completion of the task of mountaineering persuant to sub-section(1) and person shall have to give back the materials which he had obtained as facilities to the mountaineering expedition team except the materials such as clothes, shoes etc. which has already been used by putting on his body.
The mountaineering expedition team shall provide expenses required for returning from the place of removal of work to the place of employment to the person removed under sub-section(1).
Health check to be done:
Before departing for mountaineering a mountaineering expedition team shall cause to check the health of members of its team, Liason Officer, Sirdar, Mountain-guide, Altitude-worker, Base-camp-worker and Local worker.
A person whose health condition is not seemed satisfactory while checking up health persuant to sub-section (1) shall not be taken over to the mountaineering team.
Personal Accident insurance to be made:
A mountaineering expedition team shall cause the lives of Liason Officers, Sirdars, mountain-guides, base-camp-workers and altitude workers to be insured with a prescribed insurer for a prescribed sum of its own cost against the risk of personal accident before engaging them.
Provided that, the personal accident insurance of local-workers shall not be compulsory.
If a person, who is to be insured persuant to sub-section(1) dies of or sustains injury in an accident whilst on his duty, before being insured, on account of engaging him on the way or due to any other reason, the concerned mountaineering expedition team shall make a payment as compensation to his or his legal heir the amount of money equal to the amount to be insured as if he were insured.
If a Local-worker, whilst on his duty, dies of or sustains injury in an accident, the concerned mountaineering expedition team shall compensate to him or his legal heir persuant to sub-section (2) in case such person was not being insured.
Explanation: for the purpose of this Chapter:
(a) "Accident" shall include any disease or ailment causing on accident of snow or altitude.
(b) "Whilst on his duty" shall include the period between the date and place of commitment to engage or employ and the date of return at the same place after completion of the task.
Agent to be appointed:
A mountaineering expedition team shall appoint his agent in order to perform incidental works at Kathmandu while it is in the course of mountaineering and inform to Government of Nepal accordingly.
While appointing an agent under sub-section (1) a foreign or joint mountaineering expedition team except the Nepalese mountaineering expedition team shall, appoint a Trekking Agency or any institution arranging mountaineering licensed under this Act.
Functions, rights and duties of the agent appointed under sub-section (1) shall be as prescribed.
Provision regarding with bringing of Equipments and Materials relating to Mountaineering only:
A mountaineering expedition team obtaining a permit persuant of Section 17, shall bring the equipments and other materials concerned with its expedition in a required number into the Kingdom of Nepal after obtaining prior approval of Government of Nepal.
If any Mountaineering expedition team brings any equipment or other materials by hiding or concealing, without giving information to Government of Nepal, Government of Nepal may seize such materials or equipments.
Reports concerning Mountaineering to be transmitted:
The leader of a mountaineering expedition team or a member of the team working on his behalf shall transmit periodic reports as prescribed on the period of mountaineering through the Liason Officer or directly in case there is no any Liason Officer.
The leader of a mountaineering expedition team, shall, after the completion of its mountaineering expedition, submit a report as prescribed to Government of Nepal within a prescribed time.
Emergency Rescue Operation:
If any person accompanying with the mountaineering expedition team such as Liason officer, sirdar, mountain-guide, altitude-worker, base-camp-worker, local-worker or a mountaineer is to be rescued from emergency, rescue-work may be operated through the agent appointed persuant to Section 26 or an institution, if any established for rescue-works.
All costs incurred on rescue-works persuant to sub-section (1) shall be borne by the concerned mountaineering expedition team.
To Inform:
The Liason Officer deputed to accompany with the mountaineering expedition team or leader or any member of the said team shall, in case there occurs accident in course of mountaineering to any member, Liason Officer, Mountain-guide, altitude-worker, base-camp-worker or local-worker, if the mountaineering expedition team or any of them is killed in an accident or by any other reason or is lost, submit a detail report thereof to Government of Nepal.
Government of Nepal may, on the basis of the report received persuant to sub-section (1), formally inform to the concern person or agency as to the death or disappearance of such person.
Environment to be kept unpolluted:
A mountaineering expedition team, shall while carrying on the mountaineering, comply with the prescribed conditions in order to not causing the environment to be polluted.
If any loss or damage to the life of any person or governmental or non-governmental property is caused by reason of non-complying with the conditions set forth persuant to sub-section (1), the concerned mountaineering expedition team shall pay the compensation as fixed by Government of Nepal and in case such team fails to pay them, the agency which has recommended such mountaineering expedition team shall have to pay such compensation.
Transmission of News as regards mountaineering:
A mountaineering expedition team shall whilst in course of mountaineering not transmit elsewhere any news as regards mountaineering without giving information to Government of Nepal.
Liability and Responsibility of the Leader of the Mountaineering Expedition Team:
Main responsibility to cause to be completed with the provisions of this Act, rules framed hereunder and the conditions as prescribed in the permit shall be lied in the leader of the mountaineering expedition team.
Other functions and duties of the leader of a mountaineering expedition team, except as mentioned in sub-section (1), shall be as prescribed.
Permission might be revoked or imposed restriction thereon:
Government of Nepal may, if the leader or any member of a mountaineering expedition team violates this Act, rules framed hereunder or any matter contained in conditions of the permits for mountaineering, revoke at any time the permits issued under this Act.
If any special situation arises in order to revoke the permission for mountaineering issued under this Act, Government of Nepal may at any time revoke such permission with or without showing reasons thereof.
Abandonment of Mountaineering:
Any mountaineering expedition team may at any time abandon its mountaineering expedition.
Royalty not to be refunded:
If the permission is revoked persuant to sub-section (1) of Section 33 or the expeditions abandoned persuant of section 34, the royalty once paid by such mountaineering expedition team shall not be refunded.
Exemption may be provided for the Mountaineering Expedition Team:
Notwithstanding anything contained in other provision of this Act, Government of Nepal may provide any exemption or facility as prescribed for Nepalese and prescribed mountaineering expedition team or foreign team or mountaineering expedition which included Nepalese citizen in its team.
Membership of Mountaineering Association to be obtained:
Any Sirdar, mountain-guide, altitude-worker or base-camp-worker, who does not have obtained membership of Mountaineering Association, shall not be entitled to go accompanying with a mountaineering expedition team and the institution which makes arrangement for mountaineering also shall not be entitled to make any arrangement without being affiliated with the Mountaineering Association.
Government of Nepal may delegate power to the Mountaineering Association for issuing permit of mountaineering expedition on prescribed Himalayan-peaks.
The Mountaineering Association shall, if issues permit in exercising the power delegated under sub-section (2), sent forth the details of such permission to Government of Nepal within fifteen days from the date of issuance of such permit.
Government of Nepal if deems necessary, may give necessary orders or directives to the Mountaineering Association and it shall be the duty of such Association to abide by such orders or directives.
Penalty:
Government of Nepal may ban any mountaineering expedition team or its member from entering onto the Kingdom of Nepal for a period up to five years or mountaineering in the Kingdom of Nepal for period up to ten years if such team or its member, commits the following acts:
(a) To scale any Himalayan-peak or attempt to do so without obtaining permission.
(b) To scale any Himalayan-peak which is not opened for mountaineering, attempt to do so.
(c) To commit any immoral conduct or behaviour whilst on mountaineering period.
(d) On failure to submit the prescribed matter within the prescribed period which ought to be submitted to Government of Nepal after completion of mountaineering expedition.
(e) On failure to comply with the conditions prescribed for not causing the environment polluted.
(f) Upon violation of the provisions of this Act or rules framed hereunder of conditions specified in the permit.
If any mountaineering expedition team or its members scales any Himalayan-peak without obtaining permission, Government of Nepal may not proceed persuant to sub-section (1) and impose a fine equal to the amount to twice of royalty and other charges to be paid for obtained permission of mountaineering of such peak under this Act.
If any mountaineering expedition team or its member scale any Himalayan-peak not opened for mountaineering, Government of Nepal may, if it deems proper not to proceed under sub-section (1) and impose a fine equal to the amount of three times or the royalty to be paid for scaling the highest Himalayan peak opened for mountaineering.
If any agency making arrangements for mountaineering violates any provisions regarding mountaineering of this Act or rules framed hereunder or instigates other to violate, Government of Nepal may punish either banning such agency from making any types or arrangement for mountaineering for a period from one year to five years imposing a fine which may extend from five thousand rupees to twenty-five thousand rupees or with both.
If any mountaineering expedition team does not comply with the prescribed conditions set forth for not causing the environment to be polluted, Government of Nepal may if it deems proper not to proceed under sub-section (1), impose a fine of up to twenty-five thousand rupees.
If any mountaineering association does not abide by the orders or directives issued by Government of Nepal persuant to sub-section (4) or Section 37, Government of Nepal may withdraw the power delegated persuant to sub-section (2) of section 37 or invoke the recognition provided to it for mountaineering purpose.
If any person instigates any mountaineering expedition team or any of its member to violate this Act or rules framed hereunder or order or directives of Government of Nepal, the prescribed authority may punish such person with fine which may extend from five hundred rupees to five thousand rupees.
A person, who is aggrieved by the order given by the prescribed authority persuant to sub-section (7) may file a complaint before Government of Nepal within thirty-five days and a decision made by Government of Nepal to the effect shall be final.
Note: Complete Version of Tourism Act will be uploaded very soon.

Immigration Rules, 2051 (1994)
1. Date of publication in the Nepal Gazette : 23 d Jestha 2051 (6 June 1994)
2. Date of the first amendment: 22nd Jestha 2058 (4 June 2001)
In exercise of the powers conferred by Section 18 of the Immigration Act, 2049 (1992) Government has framed the following rules:
Chapter I
PRELIMINARY
1 Short title and commencement:
(1) These Rules may be cited as the "Immigration Rules, 2051 (1994).
(2) Clause (a) (d) of serial no. 1 of Schedule 9 amended by sub-rule 14 of these regulations and sub-rule (5) of the same rule shall be deemed to have been commenced from the 27th Ashad, 2056 B.S. (11 July 1999) and other rules shall come into force forthwith.
2. Definitions Unless the subject or the context otherwise requires, in these Rules
(a) "Act" means the Immigration Act, 2049 (1992).
(b) "Tourist" means a foreigner who spends at least one night or twenty-four hours in the Kingdom of Nepal.
(c) "Family" means husband, wife, father, mother, and dependent child.
(d) "Trekking area" means the area so specified by Government that permission is required to trek there.
(e) "Mission" means any Nepalese Embassy, Nepalese Consulate General and Nepalese Consulate in any foreign country, and this term includes any organization or authority temporarily or permanently representing Government in any foreign country.
(f) "Agency" means a person or an organisation licensed by Government who provides service to the foreigners during the period from the arrival and presence of the foreigners to their departure, and an association making movement of the foreigners.
(h) "Visa year", for the purpose of these Rules, means a period from 1 January to 31 December of a year.
Chapter 2
PROVISIONS FOR RELATIONSHIP VISA
3. To grant or not to grant visa is the right of Government :
(1) All powers to grant or not to grant visa to any foreigner shall be vested in Government
(2) Government may allow to enter into the Kingdom of Nepal to the citizen of any friendly country with out visa on the basis of reciprocity.
4. Diplomatic visa:
(1) Except in cases where a special order has been issued by Government, the diplomatic visa shall be issued to a person holding a diplomatic passport issued from any country and recommended from the concerned foreign diplomatic mission for the diplomatic visa, to a person considered fit to be granted diplomatic privileges by Government and the family members of such person holding the diplomatic passport.
(2) The diplomatic visa shall be issued on the basis of reciprocity; the term thereof may be extended at a time or from time to time for the term of the assignment in the Kingdom of Nepal.
(3) An application for the diplomatic visa has to be made in the format as referred to in Schedule 1.
Provided, however that the application as referred to in Schedule 1 is not required to be submitted if request or recommendation, accompanied by the details, is made by a foreign diplomatic mission or a body authorised therefore.
5. Official visa:
(1) The official visa shall be granted to the persons considered fit by Government and their family and to the following foreigners and their family upon recommendation of the concerned foreign diplomatic mission:
(a) Administrative, technical and non diplomatic officials serving in a residential or non residential diplomatic mission, Consulate for Nepal and incumbent Nepalese honorary Consul Generals, Consuls and their family who visit Nepal from a foreign country,
(b) Consultant experts who stay in Nepal under an agreement with Government,
(c) Employees serving in the Nepal based offices of the United Nations or its agencies and the persons holding the laissez passez granted by the United Nations,
(d) Employees serving in the international institutions or regional organisations located in Nepal.
(e) Persons to come to participate in assembly, conference, training or meeting organized by Government or Government's undertaking agency or United Nations Organizations or Regional Organization or other agencies there under.
(2) An application for the official visa has to be submitted in the format as referred to in Schedule 1.
Provided, however that the application as referred to in Schedule 1 is not required to be submitted if request or recommendation, accompanied with the details, is made by a foreign diplomatic mission or a body authorised therefore.
6. Tourist visa:
(1) The foreign tourist visiting Nepal shall be granted the tourist visa.
(2) The tourist visa shall be granted for a period in maximum of five months in a visa year.
(3) A tourist who has departed before the expiry of the period specified in the visa issued in a visa year shall not be allowed to use the visa by adding the remaining period to another visa year.
(4) If any foreigner who has entered into Nepal towards the end of a visa year desires to spend even the period during which he may stay in Nepal with the tourist visa of the other visa year, he may use such facility.
Provided, however, that the computation of the fees for such period shall be made on the basis of the total period of his stay.
(5) An application for the tourist visa has to be submitted in the format as referred to in Schedule 1.
7. Study visa:
(1) The study visa shall be granted to the foreigners and their family who, having obtained the approval of Government, come to study, teach or conduct research in any educational institute in the Kingdom of Nepal.
(2) Except for the foreigners who visit Nepal under the award of scholarship by Government or the accepted programme of Government, the foreigners intending to study and conduct research at their own will shall be granted the study visa only on the basis of the authentic source, in the case of the foreigner, to make expenses of at least three thousand American Dollars, grossly or on a monthly instalment basis, per annum during their stay in Nepal, and in the case of their family, that of at least two thousand American Dollars per annum, or on the basis of the submission of a certificate of the exchange of foreign currency equivalent thereto.
(3) The study visa shall be granted for one year at a time. In cases the visa has to be granted for a period in excess thereof, the term of the visa may be extended by taking into consideration of the study and research progress report of such person, his activities as well as other necessary matters.
Provided, however, that in the case of a researcher or student, such extension of the term shall be only for up to the period of research or that of educational degree under study.
(4) The recommendation of the Ministry of concerned has to be submitted for the study visa.
(5) An application for the study visa has to be submitted in the format as referred to in Schedule -2.
8. Non-tourist visa:
(1) The following foreigners and their family members shall be granted the non-tourist visa.
(a) Foreigners involved in the social and economic development works approved by Government, under the expenses to be borne by governmental institutions of the foreign friendly nations;
(b) Foreigners having obtained recommendation from the Ministry of Foreign Affairs to work in the institutions run by the foreign missions located in Nepal,
(c) Foreign representatives having obtained recommendation from the Ministry of Information and Communications to work in foreign newspapers and news agencies,
(d) Foreigners having obtained recommendation from the concerned Ministry to act as helpers of the foreigners having obtained diplomatic or official visas,
(e) Foreigners having obtained approval from Government to work on remuneration basis in any firm, company, association, industry or enterprise within the Kingdom of Nepal,
(f) Foreigners having obtained recommendation from the Ministry concerned to work in any international airlines organisation located in the Kingdom of Nepal,
(g) If any foreign passport holder upspring of Nepalese parents or foreigner of Nepalese origin has to come to visit any relatives in Nepal,
(h) Foreigners who have marital relation with the citizens of Nepal and furnish the marriage registration certificate,
(i) Foreigners who come to Nepal to work, on the recommendation of the concerned Ministry pursuant to an agreement or understanding agreed upon at governmental or non governmental level,
(j) Foreigners having obtained recommendation of the concerned Ministry to conduct feasibility study of an industry or enterprise for a period not exceeding 6 months.
(k) Group leader of the foreigners making application, accompanied by the recommendation of the Ministry of concerned, for making the tourists' tour in group in Nepal,
(k1) Foreigners who have obtained recommendation of the concerned Ministry and who have to come to work in Non-governmental organization as per the agreement concluded with Social Welfare Council or concerned Ministry.
(l) Such foreigners as may be thought fit by Government.
(2) The non tourist visa shall be issued for a period not exceeding one year at a time, and its term may be extended as per necessity.
(3) The amount of expenses to be incurred by a foreigner intending to obtain the non tourist visa during his stay in Nepal and the authentic source thereof shall be as prescribed by Government by a notification published in the Nepal Gazette.
(4) An application has to be submitted in the format as referred to in Schedule 2 to obtain the non tourist visa.
Provided, however, that the foreigners referred to in cause (h) of sub rule (1) are required to submit an application in the format as referred to in Schedule 2 (a).
9. Business visa:
(1) The business visa shall be granted to the following foreigners and their family on the recommendation of concerned agency:
(a) Foreigners having obtained license to make investment in any business or industrial enterprise within the Kingdom of Nepal or authorised representatives of such business or industrial enterprise.
(b) Foreigners having obtained license to invest to carry on export trade from the Kingdom of Nepal.
(2) Except as otherwise provided for in these Rules, the business visa shall be issued for a period not exceeding five years at a time; and its term may be extended as per necessity.
(3) Application for the business visa has to be submitted in the format as referred to in Schedule 2.
10. Transit visa:
(1) The transit visa shall be issued from the Airport for forty eight hours to any foreigner whose air ticket is confirmed and who has entered into the Kingdom of Nepal on the way to another country.
(2) The visa, generally for a period of one week, shall be issued to any foreigner who has departed from the Kingdom of Nepal and whose entry has been rejected and who has been sent back by any country to Nepal or to any foreigner travelling in an aircraft having landed in Nepal casually due to any reason.
(3) An application for the transit visa has to be submitted in the format as referred to in Schedule 3.
11. Residential visa:
(1) The following foreigners and their family intending to spend life in the Kingdom of Nepal shall be granted the residential visa:
(a) Persons with international reputation,
(b) Persons capable of rendering outstanding contribution to the economic, social and cultural growth of the Kingdom of Nepal,
(c) Persons who have renounced the citizenship of Nepal, and hold foreign passport with or without having obtained foreign citizenship and intend to settle down in Nepal,
(d) Person, who has invested minimum one hundred thousand US dollars or convertible foreign currency equivalent thereto in industrial enterprise of Nepal at once.
(e) Any foreigner intending to spend life in the Kingdom of Nepal without carrying on any business.
(2) The mission recommending for residential visa to the foreigner as mentioned in other clauses save the foreigner as mentioned in clause (d) of sub-rule (1) shall send the recommendation along with the application filled up by such foreigner to the Department through the Ministry of Foreign Affairs.
(3) Any foreigner intending to obtain the residential visa under clause (e) of sub rule (1) has to submit a certificate showing that he will spend or has spent in Nepal at least 20 thousand American Dollars at one time or at several times per year.
(4) Any foreigner intending to obtain the residential visa has to submit to the Department or the concerned mission an application in the format as referred to in Schedule 4.
(5) The format of the residential visa shall be as referred to in Schedule 4 (a).

Tourism Policy, 2052
Preamble:
Tourism has been competitively and rapidly developing in the world, and due to specific natural and cultural heritages there is a great possibility of tourism industry in Nepal. Hence, in order to increase national production and income, to expand the earning of foreign currencies to create opportunities for employment, to improve regional imbalance and to develop the image of Nepal in international community having developed and expanded tourism industry, this TOURISM POLICY has been hereby framed.
1. Objectives:
1.1 To develop the tourism industry as a main economic sector of the nation by establishing its inter relation with other sectors of the country.
1.2 To increase employment, foreign currency earnings and national income and to improve regional imbalance having expanded the tourism industry up to the rural areas. x
1.3 To develop and expand tourism industry by promoting natural, cultural and human environments of the country.
1.4 To maintain high image of the nation in international community by providing standard services and necessary security to the tourists.
1.5 To develop and promote Nepal as an attractive tourist center.
2. Policy:
a. Private sector participation shall be highly encouraged in the development and expansion of the tourist activities and Government's involvement in this field shall mainly be focused to the development of the tourism infrastructures and in addition to that Government shall also play a role of co-coordinator as well as a catalyst.
b. For the sake of sustainable development of the tourism industry, environmental protection programs shall be carried out in an effective and integrated manner.
c. Priority shall be given to new tourist spots particularly rural tourist spots having strengthened existing tourism infrastructures and facilities.
d. Religious tourism shall be developed by promoting and protecting famous religious pilgrimage places.
e. Nepal shall, gradually be developed as an attractive center for adventurous tourism.
f. The services and facilities to be provided by the tourism entrepreneurs to the tourists shall be standardized and special provision shall be made for the security of tourists.
g. While developing tourism sector, high attention shall be paid to improve regional imbalances.
h. Nepal shall be developed as a principal tourism destination spot by promoting completive tourism in the markets where international tourism is originated.
i. Emphasis shall be given for development of agro based and cottage industries also by integrating them with the tourism industry.
j. Indigenous investment shall be encouraged in the service oriented agency business where national investors have already been competent, and attraction of foreign investments or participation shall be made in the tourism industries like hotels, resorts where foreign skill and technology is transferable and where large scale investment is required.
k. National Civil Aviation Policy shall be executed as an integral part of the Tourism Policy by coordinating them.
3. Working Policy:
a. Expansion of investment in the tourism sector shall, gradually be made and mobilization of investments shall be made in construction and development of infrastructures of new tourism spots.
b. Private sector shall be encouraged to provide sightseeing of the places of the religious and cultural importance of the country, high Himalayan peaks and enchanting natural beauties to the tourists having utilized existing physical infrastructures in a systematic and effective manner.
c. Private Sector shall be encouraged to operate various recreational and adventurous tourism activities based on water, land and air, in the various parts of the Kingdom without prejudice to the original culture and traditions of the country.
d. Facilities and incentives shall be expanded to the trusts, temples, monasteries etc. of religious and cultural importance and to the existing pilgrimages in a way to attract the internal tourists and such places shall also be developed as international spiritual center.
e. Wildlife observation tourism shall be developed and promoted by utilizing existing bio-diversity in the country.
f. In order to expand mountain tourism as a sect oral basis, new trekking routes and new Himalayan peaks for mountaineering shall gradually be opened.
g. Inter-countries tourism activities based on mutual benefits shall be increased by coordinating with neighboring friendly nations.
h. Meeting, conferences, trade fairs, cultural and youth festivals, international sports competitions including other creative and promotional tourism products shall specifically be encouraged.
i. Rural communities shall be encouraged to operate various programs of rural tourism development having specifically encouraged the rural tourism.
j. Program for tourism-public-awareness in various levels shall be framed and executed.
k. In order to prevent adverse effects in environment from tourism, a Tourism Environment Guideline shall be framed in national level and the same shall be introduced .
l. A local code of conduct concerning environment shall be framed in accordance with the prevailing international norms and customs as well as National Guidelines and shall be brought into execution.
m. Land under the ownership of the government seemed appropriate from the tourism development point of view shall be made available to the private tourism entrepreneurs to develop as tourism resorts on long-term lease or joint-venture on the basis of their working efficiency and working plan having made it environmental compatibility.
n. If any private sector desires to provide services to the tourists by expanding any infrastructure services and facilities, permission to that effect shall be given having prescribed certain criteria.
o. Tourism entrepreneurs shall be encouraged to introduce through their professional organizations a code of conduct to increase quality and standard of the tourism service and facilities.
p. Trekking areas shall be classified into three areas namely General, Guided and Restricted trekking areas :
i. General Trekking Areas : Areas where outlines of routes and ways are already clear and where minimum tourism services and facilities are available shall be classified as general trekking areas.
ii. Guided Trekking Areas : Area opened for tourism trekking, but where tourism infrastructures like routes and ways and tourism services like hotels, lodges are not available in a basis level shall be classified as guided trekking areas. Arrangements shall be made to permit for trekking in such areas only to the tourists who travel in-group with a definite number through the Trekking Agencies in a year.
iii. Restricted Trekking Areas : Areas deprived from the effects of modernity, located in the high mountain areas where extremely sensitive natural structure and ancient as well as original culture are found, shall be classified as restricted trekking area. Arrangements shall be made to permit for trekking in such areas only to the tourists who travel in-group through the Trekking Agencies along with a liaison officer as designated on behalf of Government.
q. Certain portion of the income raised from the tourism spots prescribed, as economically backward and remote areas shall be spent for the protection, promotion and development of the same area.
r. Special Programs shall be operated in order to maintain the pride of the Mount Everest, the supreme peak of the world.
s. Special emphasis shall be given to promote tourism industry in the markets of the Asian nations. At the lean season of tourists from overseas countries, attraction shall be given to the tourists of neighboring nations.
t. A Tourism Study and Research Unit within the Ministry of Tourism shall be established in order to direct the trends of the tourism development of the country timely and objectively.
u. Government shall appoint a mission abroad or a national or foreign representative involved or interested in the tourism industry as representative for the sake of tourism promotion in Nepal and mobilize them accordingly.
v. Nepal shall be promoted as a primary destination in the international markets where there is a direct air link and tourism promotion shall be made jointly having included Nepal in other tourists originated markets where there is no direct air link and shall be publicized accordingly.
w. Special attention shall be paid for the security of the tourists coming to Nepal. Particularly, necessary practices shall be started in order to maintain rescue groups for the mountaineering tourism.
x. A separate "Tourism Promotion Fund" shall be established for the promotion of tourism and special program shall be operated for the same.
y. Follow up, evaluation and or review the Tourism Policy shall be carried out regularly.
4. Classification of Tourism Industries:
Classification of tourism industries business shall be as mentioned in Annex-2.
5. Provision of Facilities and Incentives for Tourism Industry and Business:
Facilities and incentives shall be provided to the tourism industries and business by the Industrial Enterprises Act, 1992, the Foreign Investment and Technology Transfer Act, 1992, one window policy and by notification published in the Nepal Gazette by Government as provided in Annex-3.
6. Provision for Tourism Manpower:
a. In order to increase quality and standard in tourism service, tourism manpower training programs to be provided by the hotel management and Tourism Training Center shall be conducted regularly. In addition to that, the private sector shall be encouraged to conduct such programs.
b. Local manpower shall specifically be encouraged to be involved in the tourism industry and business to the extend possible.
7. Institutional Arrangements:
For the development of tourism, tourism agencies shall be arranged as follows :
a. Tourism council :
In order to develop the tourism industry as a backbone of national development and to maintain coordination and cooperation among various agencies related with the tourism industry, a high level "Tourism Council " has already been formed. The council shall perform the functions as to remove difficulties aroused and arising in the tourism sector, to give policy level guidelines to the subordinate executive agencies (Ministry of Tourism and Civil Aviation, Department of Tourism and the Board) and to review related plans.
b. Ministry of Tourism and Civil Aviation :
The Ministry shall, on the basis of the policy and guidelines of Tourism Council, design necessary policy for the development of tourism and to make necessary plans and to implement it through Tourism Development Board and Department of Tourism. A monitoring work related thereto shall also be carried out by the Ministry of Tourism and Civil Aviation. Moreover, the Ministry of Tourism and Civil Aviation shall carry out the functions of coordination and adjustment related with the tourism development and also the secretarial functions of the Council.
c. Department of Tourism :
It shall be the duty of the Department of Tourism to frame, in accordance with the stipulated policy, directions and guidelines given by the Tourism Council and Ministry of Tourism and Civil Aviation, programs concerning tourism development and to implement the same. Once the Tourism Development Board becomes competent to carryout its functions, the Department of Tourism shall be dissolved as to remove duplication of the functions. After transfer of the responsibilities such as design an implementation of the tourism plans, tourism promotion, infrastructure development, tourism service, expansion of facilities, manpower development and preservation of ecology to the Tourism Development Board, functions like registration of tourism industries, regulation and facilities to be provided shall be performed by the Ministry itself.
d. Tourism Development Board :
The Tourism Development Board shall, in accordance with the policy, direction and guidelines of the Tourism Council and the Ministry of Tourism and Civil Aviation, perform the above-mentioned functions. The proposed Board shall be a body of autonomous and flexible nature and it shall operate all activities, which are to be operated by Government itself.
The Board shall have a separate seal and also a fund, where the contribution to be granted by Government and other amounts to be made available form the private sector, international agencies and other sources shall be deposited. The Board shall have full authority to withdraw and spend any amount from the said fund. Scope of works, powers, responsibilities and other detail particulars shall be as prescribed but separate.
Annex-1
a. Composition of the Tourism Council:
1. Rt. Hon'ble Prime Minister - Chairman
2. Hon'ble Minister/State Minister for Tourism - Vice-Chairman
3. Hon'ble Minister for Finance - Member
4. Hon'ble Minister for Works and Transport - Member
5. Hon'ble Minister for Industries - Member
6. Hon'ble Minister for Home Affairs - Member
7. Hon'ble Minister for Local Development - Member
8. Hon'ble Minster for Forest and Soil Conservation - Member
9. Hon'ble Vice-Chairman, National Planning Commission - Member
10. Member, National Planning Commission- Member
11. Governor, Nepal Rastra Bank - Member
12. Secretary ,Ministry of Finance - Member
13. Secretary, Ministry of Home Affairs - Member
14. Secretary, Ministry of Defense - Member
15. Secretary, Ministry of Industries - Member
16. Secretary, Ministry of Forests and Soil Conservation - Member
17. Secretary, Ministry of Education and Culture - Member
18. Secretary, Ministry of Local Development - Member
19. Secretary, Ministry of Foreign Affairs - Member
20. Secretary, Ministry of Works and Transport - Member
21. Two person nominated from among the reputed experts in the field of tourism - Member
22. Chairman, Hotel Association of Nepal - Member
23. Chairman, Nepal Association of Travel Agents'- Member
24. Chairman, Rafting Agents' Association of Nepal
25. Chairman, Rafting Agent's Association of Nepal- Member
26. Chairman, Nepal Mountaineering Association - Member
27. Chairman, PATA- Nepal Chapter - Member
28. Chairman , Association of Tourist Trekking Guide - Member
29. Chairman, National Air Service Association - Member
30. Secretary, Ministry of Tourism and Civil Aviation - Member-Secretary
b. Composition of Tourism Development Board:
1. Government shall form a Tourism Development Board under the chairmanship of Hon'ble Minister/State Minister for Tourism consisting 8 to 10 members as nominated by Government from among the concerned agencies and private tourism entrepreneurs,
2. While nominating members of the Board from among the private tourism entrepreneurs, they shall be selected from among the persons who may give contribution to the development of tourism industry.
3. Government may designate a member secretary of the Board, from among the members of the Board.
Annex-2
Classification of Tourism Industries and Business:
- Classified Hotel Industry
- Resorts
- Travel Agencies
- Rafting Agencies
- Classified restaurants and bar
- Adventurous/recreational tourism business (Skating, gliding , cable car-complex, hot air ballooning, gulf course, polo , horse riding)
- Manpower production training centers related with the tourism industry.
Annex-3
Facilities and Incentives to be provided to the Tourism Industry and Business:
(a) Classified hotel and resorts shall be classified into the industries of national priority as provide for in the Industries of National priority as provided for in the Industrial Enterprises Act, 1992 and facilities and incentives shall be provided to them accordingly.
(b) Facilities and incentives as prescribed by Government shall be provided to other tourism industries and businesses, excluding hotels and resorts, on the basis of value add, creation of employment and creativeness.
(c) Other prescribed tourism industries and businesses shall, considering their working capacity and plans, be provided to import the prescribed good at concessional rates .
(d) Tourism industries shall be provided with communication equipments, electricity and water supply on the priority basis.
(e) Hotels, restaurants and resorts opened in the rural areas as prescribed by Government and other tourism businesses shall be provided facilities and incentives as prescribed.