Section 4: Provisions relating to registration of industries

1) A person, firm or company that intends to establish any of the following industries under this Act shall make an application to the Department for registration in such a form and accompanied by such documents as prescribed:

(a) an industry mentioned in Schedule 1 that requires permission,

(b) an industry established with foreign investment,

(c) an industry related to any matter set forth in Schedule 5  of the Constitution of Nepal,

(d) an industry that falls under the jurisdiction of two or more Provinces,

(e) an industry related to academic consultancy services on diplomatic affairs.

2) The concerned Provincial Government shall carry out acts relating to the administration of industries including the registration, renewal and regulation of industries other than the
industries under sub-section (1).

Provided that permission shall be obtained in the case of an industry requiring permission.

3) Notwithstanding anything contained in sub-section (2), the Federation shall carry out acts relating to the administration of industries, including the registration, renewal and regulation of the
Industries are subject to registration, renewal, and regulation by the provincial government until the concerned provincial government makes laws on such industries.

4) Notwithstanding anything contained in sub-sections (1) and (2), industries generating atomic energy, radioactive materials, and industries related to atomic energy and uranium-based energy shall be established and operated by the Government of Nepal only.

5) The details or documents to be attached with an application to be made under sub-section (1) may also be submitted through electronic means (online), and the relevant documents may be
authenticated by a digital signature.

6) If, when examining an application received under sub-section (1), it appears that any required details and documents are not submitted, the industry registration body shall immediately inform the applicant to submit such details or documents within a maximum period of ninety days.

7) If the applicant fails to submit the details or documents demanded under sub-section (6) or it does not appear that the procedures under this Act or the rules framed under this Act are met,
the industry registration body may, by setting out the reasons, reject the application for industry registration. If the decision is made to reject, it shall give written information thereof, setting out the reasons, to the concerned applicant within five days after the decision.

8) A person, firm or company that intends to establish an industry other than an industry mentioned in sub-section (1) shall make an application to the industry registration body of the concerned Province for registration of the industry, accompanied by such details and documents as provided in the Provincial law.