Section 8: Permission to be obtained

1)Notwithstanding anything contained elsewhere in this Chapter, permission shall be obtained from the Board prior to registering any industry mentioned in Schedule 1.

Provided that permission shall be obtained from the Government of Nepal, Council of Ministers, prior to registering any industry mentioned in serial number 1 of that Schedule.

2) A person who intends to register an industry requiring permission under sub-section (1)shall make an application to the Board through the industry registration body in such a form and accompanied by such details as prescribed.

3) If, when examining the application and relevant documents under sub-section (2), it appears that the required details or documents are attached, the industry registration body shall submit the matter, along with its opinion, to the Board for decision within seven days.

4) The Board shall decide to or not to give permission for the registration of industry with respect to the application received under sub-section (2) within thirty days.

5) When deciding to give permission under sub-section (4), the Board may also specify necessary additional terms and criteria.

6) If the Board decides to give permission under sub-section (4), the Department shall provide a permit in the prescribed form, along with notice of the decision, to the concerned applicant within five days after the making of the decision.

7) A person who obtains a permit under sub-section (6) shall apply to the industry registration body for the registration of the industry within the period mentioned in the permit. If no application is made within such specified period, such permit shall ipso facto become inoperative.

8) If the Board decides not to give permission for the registration of industry under sub-section (4), the industry registration body shall give notice thereof to the applicant within five days after
the making of the decision.

9) An applicant who obtains a permit under sub-section (6) shall not sell or dispose of the permit, transfer the right or change the ownership in it in any manner prior to the commencement of
operation, commercial production or transaction of the industry.

Provided that if any applicant dies prior to the commencement of operation, commercial production or transaction of the industry, nothing shall prevent his or her heir under the prevailing law from performing the remaining acts in the capacity of the applicant.