Government decides to transfer suspended Chief Secretary Aryal to Planning Commission

The government has decided to transfer suspended Chief Secretary Baikuntha Aryal to the National Planning Commission by creating a special post.

A Cabinet meeting held Monday decided to transfer Aryal to the National Planning Commission by creating a special after he refused to put in his papers, government spokesperson and Minister for Communications and Information Technology Rekha Sharma said.

“The Chief Secretary of the Government of Nepal Baikuntha Aryal has been automatically suspended after the Commission for the Investigation of Abuse of Authority filed a corruption case against him. A decision has been made to transfer him to the National Planning Commission by creating a special post,” she said.

The anti-corruption watchdog on Sunday filed a graft case at the Special Court against 12 persons including Chief Secretary Aryal for their alleged involvement in carrying out irregularities in the printing of excise duty stickers.

The Authority has demanded Rs 386.7 million in recovery from each of those involved in corruption, according to Dhan Bahadur Karki, Spokesperson at Special Court.

 

Flood sweeps away temporary bridge in Melamchi

The flood triggered by incessant rainfall last night has taken away a temporary bridge in Melamchi.

Melamchi Municipality Mayor Aitaman Tamang said that a temporary bridge has been washed away at Fatte of Melamchi Municipality-11.

The temporary bridge was constructed by installing a hum pipe at the site after the flood in 2078 BS washed away the bridge.

The temporary bridge was connected to Melamchi bazaar and Melamchi Municipality ward 7 and 8, Panchpokhari Thangpal Rural Municipality ward 1 and 2 and some wards of Helambu.

Due to the bridge being washed away, it has become difficult to go from one place to another within the ward.

According to Mayor Tamang, the bridge has been damaged due to the rain at night.

Chinese Vice Minister Sun arriving today

Chinese Vice Minister for Foreign Affairs Sun Weidong is arriving on a three-day official visit to Kathmandu today.

According to the Foreign Ministry, he will attend the 16th meeting of the Nepal-China Diplomatic Consultation Mechanism, which is scheduled to be held in Kathmandu on Tuesday.

It has been said that Foreign Secretary Sewa Lamsal will lead the Nepali delegation at the consultation mechanism meeting.

During the visit, overall areas of bilateral relations and cooperation between Nepal and China will be discussed, the ministry said.

Similarly, Sun is scheduled to pay a courtesy call on President Ram Chandra Paudel and Prime Minister Pushpa Kamal Dahal during his visit.

The Sun-led delegation will leave for China on Wednesday.

 

Police urge Interpol to search for two youths of Gorkha arrested in Tibet

Police have urged the International Criminal Police Organization (Interpol) to find the whereabouts of two youths of Gorkha who were arrested in Tibet, autonomous region of China.

The District Police Office, Gorkha on Sunday submitted an application to Interpol urging it to trace the location of Rapke Lama and Karma Cheden Lama of Lama Gaun, Chumanubri Rural Municipality-7, Gorkha, who were nabbed by Tibet police one-and-a-half month ago.

“The way was opened for us to investigate about them after the family members of the youths filed a complaint at the Area Police Office, Chekampar on Thursday,” SP Basudev Pathak said, adding, “We have submitted an application to Interpol today with the permission of Provincial Police Office Pokhara.”

SP Pathak said that the Interpol will search for them in coordination with Beijing-based Interpol.

“The duo had gone to Bhajyupa to search for Yarsagumba on April 29, but they did not return home till late night. On May 16, outgoing ward Chairman Pasang Lama got a call from Sigatse Police Office, Tibet and told him that the missing youths are under the control of Sigatse Police,” an application submitted by Karma Chetan’s wife stated.

Earlier on June 11, speaking at a Parliament meeting, Nepali Congress lawmaker Rajendra Bajagain had sought information from the government about the condition of two youths of Gorkha who were arrested in Tibet, autonomous region of China.

Bajagain said that he had got information that the Tibet police called Rapke Lama and Karma Cheden Lama of Lama Gaun, Chumanubri Rural Municipality-7, Gorkha to Tibet and took them under control one-and-a-half month ago.

Annapurna Post, the sister publication of The Annapurna Express, on June 9 had published the news about the arrest of two youths of Gorkha in Tibet.

 

 

Rana, Bishwokarma win Mr & Miss SEE ASIA

The Mr & Miss SEE ASIA 2024 pageant concluded at Rastriya Nach Ghar on Friday, crowning Arick Rana and Pratikshya Bishwokarma as Mr and Miss SEE ASIA 2024. Organized by Shah Studio and Company Pvt Ltd, the event celebrated the exceptional talents and poise of the participants. 

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Anil Sarki and Prinsha Majhi secured the 1st Runner-Up positions, Sajana Basnet was honored as the 2nd Runner-Up, and Supriya Karki claimed the 3rd Runner-Up spot. 

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The competition showcased the diverse beauty and talent across the region, marking a memorable night for all involved.

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Why only men?

As saying in mythology, why only men  

Saying as a physiologies, why only men  

As feminine argues, why only men 

Every individual perception, why only men  

 

Why only men, the world might say,  

In fields where strength and honor lay? 

With hearts of fire and spirits high,  

They’ve paved the paths where heroes fly. 

 

Where there are men, there is a home,  

A place of comfort where hearts can roam  

With hands that build and eyes that see,  

A world of warmth and unity. 

  

Yet gentle souls in frames so vast,  

Their hearts are seas where kindness lasts,  

Protectors, builders, fathers dear,  

Their strength is love, their gift is cheer. 

 

Where there is men, foundations lie, 

Strong and sturdy, reaching high 

With every brick, with every beam, 

They build a house, they build a dream.   

 

In the quiet shadows, away from the throng,  

Where the world assumes men must be strong,  

There lies a place where tears can fall,  

A sacred space, a tender call. 

 

Beneath the armor, tough and bold,  

Lives a soul with tales untold.  

And in the stillness, when nights are long,

Men also cry, for they’ve been strong. 

 

Yet let us not forget, in praise,  

Those men, too, seek the sun’s warm rays.  

They dream, they love, they hope and care,  

In every action, they’re laid bare. 

 

Supriya Paudel  

BBM IIIrd Semester  

United College

Facets of consumer rights: Laws and reality in Nepal

Consumer rights are the rights granted to the consumer. According to Section 2(d) of ‘The Consumer Protection Act, 2075’, a consumer means a person or institution that consumes or uses any good or service. We, every human being, are consumers, as our daily lives are tied to consuming various goods or services, be it the vegetables we buy in the markets or the dental services we render in the clinic. Consumer rights are crucial for ensuring that consumers receive quality foods and services at fair pricing.

Present laws governing consumer rights

The foundational legal framework for Consumer Rights is the Constitution of Nepal. Article 44 of the constitution mentions consumer rights as a fundamental right and guarantees the right to obtain quality goods and services, as well as the right of compensation if such rights are violated. The government of Nepal has also enacted the Consumer Protection Act, 2075, which further ensures the various rights of consumers and states the liability of the seller, distributor, and other entities involved in the chain of supply of goods and services to consumers and further enforces regulatory provisions.

Section 3 of the Consumer Protection Act 2075 outlines key consumer rights. Under this section, every consumer is provides but not limited to the following rights:

a) The right to choose quality goods or services at a fair and competitive price.

b) The right to information about price, quality, purity, etc.

c) The right to obtain information from the producer, importer, or seller regarding the quality, ingredients, or percentage of substances contained in the goods made of or produced with a mixture of two or more substances, and others.

d) Consumers also have the right to take appropriate legal action and obtain compensation for harm caused by unfair trade if such rights are violated.

Additionally, Section 14 of the same act also provides consumers with the right to return goods or other similar goods equal to the price of the bought goods within seven days if they wish to return or are not satisfied with the goods purchased from the seller. And in the case of sealed goods, within fifteen days, if the seal of the product is not broken. 

Article 16 further prohibits unfair trade and business activities, including fake advertisements, lying about goods or services, creating artificial shortages, refusing to issue bills, selling expired goods, etc.

The complaint mechanism is specified in Section 36, which provides that an individual can file a complaint with the Central Market Monitoring Committee, Department, or Inspection Officer along with information, proof, and evidence through written, oral, or electronic means. And also ensures the identity of the complaining person will be kept confidential. 

Section 39 and section 40 outline the penalties. Section 39 mentions imposing a fine starting at 5,000 and above as per the nature of the offense committed against the consumer, while the later section mentions the provision of imprisonment for three months or more as per the nature of the offenses committed. Also, according to the National Penal Code, 2074, Section 273, if a person makes or uses a false instrument for weighing and measuring, he or she is awarded up to 3 years of imprisonment and up to a thirty thousand rupee fine.

Realities

Despite the rights guaranteed under the law, the reality of the enforcement of consumer rights at ground level in Nepal is totally different. There is a heightened number of unfair practices in the market causing a stark contrast between words and reality experienced by consumers. Some of which are:

a) The consumer cannot return the product if they are not satisfied with it. Shopkeepers refuse to take back the sold items.

b) The consumer encounters false and misleading advertisements. For example, many products are sold stating about being eco-friendly and using natural ingredients, despite having a higher percentage of chemicals.

c) There is a lack of clear labeling of the product leading to consumer deception. The quality of the goods doesn’t sometimes meet the standards prescribed by the authority. For example, the Wai Wai noodles produced by the Chaudhary Group were fined Rs 200,000 for poor quality oil and an abnormal value of acid.

d) Consumers are charged a higher price than the marked price of the product. For example, mineral water, cool drinks, and other beverages are charged more than the labeled price on the bottle. And during festival time, the transportation fares are raised up to triple or more than the assigned fare.

e) Many sellers sell expired items which could affect the health of the consumer. For example, in Feb 2022, Sparsh Food Products and Packaging Company was raided by the police and found to be using expired bakery products.

f) Many foods are found contaminated with unhealthy ingredients, especially grains, rice, dairy products, etc. For example, in January 2024, the Metropolitan Crime Division arrested Naresh Shrestha of Sindhupalchok for producing and selling fake honey. The police also confiscated 600 kg of the bogus product, which he had made by mixing glucose and sugar.

The above-stated realities are a few of many incidents happening in our country, leaving even the regulatory provision of online deceptions and fraud to consumers.

Some of the factors contributing to the ineffective implementation of consumer rights are:

a) Lack of Knowledge is one of the main reasons why consumers endure such violations of consumer rights by sellers. Nepal is one of the countries where there is the least knowledge about consumer law among citizens, and sellers have been taking enormous advantage of it, especially in rural areas.

b) Complex complaint mechanisms are also another contributing factor which leads consumers to remain silent despite having knowledge of the violation of their rights, whereas some simply don’t want to engage in the hassle of the legal process. They wear off or let go of the facts and comply with the act of the seller, because of which the authorities are cuffed to taking any measure against such a person.

c) The lagging performance of duty by the authority is also another major factor in consumer rights violations in Nepal. The investigating and monitoring mechanisms are less assertive in their duties, which has failed to control the wrongdoer and hold them accountable for their acts.

 So, for the enhancement and implementation of consumer rights from words to reality in Nepal, the consumer must be made aware of their rights, especially in the local and rural areas of Nepal. The consumer further needs to come forward in case of a violation of their rights. The authority and watchdogs should also regularly and actively inspect the market, implement surprise checks, make laws stricter to hold the sellers more accountable regarding consumer right violations.

Swekshya Karki

BA LLB IVth Year

Kathmandu School of Law

Graft case filed against 12 people including Chief Secretary Aryal

The Commission for the Investigation of Abuse of Authority has filed a corruption case against high-ranking officials including Chief Secretary Dr Baikuntha Aryal.

The anti-corruption watchdog today filed a charge sheet at the Special Court against 12 persons including Chief Secretary Aryal for their alleged involvement in carrying out irregularities in the printing of excise duty stickers.

Along with Chief Secretary Aryal, Budget Division Head at the Finance Ministry Ritesh Shakya, Deputy Director General of Customs Department Tank Pandey, then Executive Director of Surakshan Printing Center Vikal Poudel have been named as defendants in the case.

Similarly, Deputy Secretary Ganesh Vikram Shahi, Branch Officer Rabindra Prasad Paudel, then Accounts Officer Bishnu Prasad Gautam, then Branch Officer Hariballab Ghimire have also been made defendants in the printing of excise duty stickers’ case.

The Authority has demanded Rs 386 million in recovery from each of those involved in corruption, according to Dhan Bahadur Karki, Spokesperson at Special Court.

The CIAA said that a corruption case has been filed against Shakti Prasad Shrestha, the procurement consultant of Surakshan Kendra and Keshav Sharma, the owner of Printcell Pvt.

Likewise, the Printcell has also been made a defendant in the case.

Chief Secretary Aryal has been suspended with the filing of the case.

The Security Printing Center under the Ministry of Communications had called for a tender to print excise duty stickers for the Internal Revenue Department on September 20, 2022.

Printcell Pvt Ltd won the contract for printing excise duty stickers on December 12, 2022.

Chief Secretary Aryal was the Communication Secretary at the time, and Vikal Paude was the Executive Director of the Security Printing Center.

Earlier, the Authority had filed a corruption case against Paudel in the Security Printing Press. The Kathmandu Special Court has found Paudel guilty in the case.

Aryal was the Communications Secretary from August 9, 2021, to March 28, 2023.  Aryal, who was transferred to the Prime Minister’s Office, became the Chief Secretary on June 15.