Section 40: Provisions Relating to Delivery of Notice

1) Notwithstanding anything contained in the prevailing laws, a summon to be served to a foreign national in connection with an offence under this Act shall be served to the office or representative of such person in Nepal, if any, and the notice so served shall be deemed to have been duly served.

2) In case no office or representative as stipulated under sub-section (1) exists, the notice shall be served to the main place of business of such person or his/her permanent residential address or the mailing address if provided by him/her in the course of business, through telex, telefax or other means of telecommunication or through registered mail and the summon so served shall be deemed to have been duly served.

3) Notwithstanding anything mentioned in sub-section (1) or (2), this section shall not bar serving the summon to the foreign national as per the specific provision contained in the treaty to which Nepal or the Government of Nepal is a party if there is any.