Act

Clauses of Immigration Act, 1992

A.) Entry, presence and departure:

 1. No foreigner shall be entitled to enter into and stay in Nepal without holding a passport and a visa.

2. The category and fees of visas and other provisions relating to visas shall be as prescribed.

3. A foreigner intending to trek in the prescribed area of Nepal has to obtain, in addition to a visa, the permit as prescribed.

4. Fees for trekking and other provisions relating thereto shall be as prescribed.

5. The provisions relating to the entry of any foreigner into Nepal and the departure and arrival of the citizens of Nepal who depart to a foreign country from or arrive in          Nepal shall be as prescribed.

Section 3 of Immigration Act, 1992

B.) Fake passport or visa:

1. No one shall lie his name, age, nationality or any other thing, make a false statement or use, or cause to be used, a fake passport or visa.

2. No one shall enter into, stay in and depart from Nepal by submitting fake passport or visa.

3. No one shall cause any foreigner who does not hold a passport and a visa issued by the government of a foreign country or by the official authorized by such government to enter into, make presence in and depart from Nepal.

 Section 5 of Immigration Act, 1992

C.) Investigation of crime 

In cases where the Department or Office comes to be directly or indirectly informed that any crime has been committed or is likely to be committed contrary to this Act or the Rules framed hereunder, the Immigration Officer appointed by the Director General shall make investigation of and initiate the proceeding of, the crime pertaining thereto.

 1. While investigating the crime referred to in sub section (1) or collecting evidence or proofs, the Immigration Officer shall have all such powers as are conferred on the police under the prevailing laws, including the powers to arrest the persons involved in the crime, to search any place in regard to the crime, to take into own custody of the documents or other articles or goods concerned with the crime, and to execute a deed of public inquiry (Sarjamin) as well. While so investigating, the Immigration Officer may take statement of the accused, and keep him under presence, release him on bail or security on account of reasonable grounds or detain him for a term not exceeding twenty five days, by obtaining the permission of the Court.

Provided, however, that the Immigration Officer shall inform the Director General thereof as soon as he begins the investigation of the crime.

(2a) In cases where the accused required to furnish bail or security under sub section (2) above fails to furnish bail or security, he may be kept in detention.

2. While making investigation pursuant to sub section (2), the Immigration Officer may, in case of necessity, consult with the Government Attorney.

Section 8 of Immigration Act, 1992

D) Power to expel:

1. The Director General, after receipt of a report furnished by the Immigration Officer after having completed the investigation of the crime, pursuant to this Act in the case of a foreigner may on the basis of the report, and upon regulating such matters as are required to be regulated as prescribed, and with the approval of Nepal Government, expel such a foreigner from Nepal, by disqualifying the foreigner from re entering into Nepal, with or without prescribing the period of time.

(1a) The Director General may, upon obtaining the approval of Nepal Government, issue order requiring the expulsion of a foreigner who has undergone punishment for the commission of the acts contrary to this Act or the Rules framed hereunder or the prevailing laws, from Nepal, with or without prescribing the period of time.

2. The foreigner expelled under sub sections (1) and (1a) shall not be entitled to re enter into Nepal during the period of expulsion.

3. Other provisions relating to expulsion shall be as prescribed.

Section 9 of Immigration Act, 1992

E) Punishment:

 1. Any person who commits, or causes to be committed, the crime referred to in Section 5 shall be punished with a fine not exceeding fifty thousand rupees or imprisonment for a term not exceeding five years or with both.

2. Any person who violates, or causes to be violated, subsection (2) of Section 9 shall, for the first time, be punished with a fine not exceeding twenty five thousand rupees or imprisonment not exceeding two years, or in cases where such person repeats the violations thereof, he shall be punished with a fine of up to fifty thousand rupees or with imprisonment for a term not exceeding five years or with both, for each violation.

3. Any accomplice of the crime carrying punishment referred to in sub section (1) or (2) shall be punished with half the punishment to be imposed on the offender.

4. Except for the matters laid down in the sub sections above. Any person who commits any act in contravention of this Act or the Rules framed hereunder may be awarded by the Director General a fine of up to fifty thousand rupees, and the amount in question held to be payable by such person shall also be realized from such person.

Section 10 of Immigration Act, 1992