SC orders Ncell to pay due Capital Gains Tax Published on: February 6, 2019

KATHMANDU: The Supreme Court (SC) issued a writ of mandamus asking the government to collect the due applicable Capital Gains Tax (CGT) from the proprietary transfer of Ncell and its purchaser Malaysian company Axiata.

A full bench of Chief Justice Cholendra Shumsher Rana and justices Mira Khadka, Biswamber Prasad Shrestha, Dr Ananda Mohan Bhattarai, and Tanka Bahadur Moktan, issued the orders to the telecommunication company to deposit the amount.

Ncell had been facing allegations of evading profit tax while repatriating a sum of income to its home country.

It should be noted that Ncell did not make available the applicable CGT between Ncell and TeliaSonera worth Rs143 billion. Since then, Ncell, which had been in pressure, had paid Rs21 billion CGT to the government in 2018.

The SC on Wednesday issued the orders upon hearing the cases filed separately by five petitioners, including one of the then Ncell (P) Ltd shareholders Renolds Holdings, and former secretary Dwarika Dhungel.

Nepal, India to discuss trade treaty Published on: February 6, 2019

KATHMANDU: At time when Nepal is experiencing a ballooning trade deficit with India, government officials from both countries are meeting in Pokhara to discuss about various aspects relating to the Nepal-India Trade Treaty.

The two-day meeting to be held on February 8 and 9 is expected to be ‘highly relevant and productive’. The meeting is said to explore the ways to reduce the huge trade deficit between the two countries, according to Rabi Shanker Sainju, Joint Secretary at the Ministry of Industry, Commerce and Supplies.

The meeting is also discuss on amending the bilateral treaties as per the need of time, it is said. It is learned that the meeting, which will be led by Sainju representing the Nepali delegation, is expected to recommend for amendment to the Nepal-India Trade Treaty-1990. Meanwhile, Sainju’s Indian counterpart Bhupinder Bhalla is heading the seven-member Indian team.
The meeting will be participated by officials from the Ministry of Industry, Commerce and Supplies; Ministry of Foreign Affairs and the Departments of Customs and Commerce.

Bring private sector corruption under purview of law: NVC Published on: February 6, 2019

KATHMANDU: The National Vigilance Center (NVC) has advised the government to bring corruption of private sector under the purview of law. The center put this suggestion before the government through its annual report submitted today to Prime Minister KP Oli.
It may be noted that the private sector corruption is also the concern of the Commission for the Investigation of Abuse of Authority (CIAA) which in its reports recommended the government to look into the matter.
The Center in the report stated Nepal is a member party to the United Nations Convention against Corruption and the government should reach the private sector to intervene in corrupt acts prevalent in private sector.

The Corruption Prevention Act of Nepal- 2059 BS does not allow the Center and CIAA to look into the private sector corruption. Public have investment of millions of rupees in the private sector, and a wide-range corruption is estimated to be prevalent there. That’s why it should be brought under the purview of law.

The Convention calls for preventive measures and the criminalization of corruption in both and private sectors.
But the government still does not seem serious to respond to the advices. No noticeable concern is shown from anywhere to supervise private sector affairs. CIAA the then Chief Commissioner Suryanath Upadhyaya had in 2004 signed on the UN document on behalf of Nepal. As Center Spokesperson Bishnu Raj Lamichhane said though private sector has been marred by corrupt acts, there is no regulatory body to deal with the issues.
Government intervention in private sector corruption would highly contribute to good governance and this is the need of the time as well, he added.
The Corruption Prevention Act of Nepal- 2059 BS does not allow the Center and CIAA to look into the private sector corruption. Public have investment of millions of rupees in the private sector, and a wide-range corruption is estimated to be prevalent there. That’s why it should be brought under the purview of law.
A new law is not required to take preventive measures against private sector corruption; only a slight amendment to the Act is enough to pave the way for the government to look into the issues. “The way is possible if the definition of public post states that it does mean the private sector post as well”.
Banking, financial and transport sectors are all public sectors and they should be incorporated in the definitions of the Act. CIAA spokesperson Rameshwor Dangal said the CIAA in its every report recommends the government to criminalize the private sector corruption.
Transparency International Nepal’s chair and former administrator Khem Raj Regmi stressed on the need of formulating a law to put a tab on the private sector corruption as Nepal is already a Member State to the UN convention.
“Private sectors illegally pay a hefty amount to bureaucrats to influence them to take decisions in their favour. Corruptions of millions of rupees including tax evasion are prevalent in private sector, such acts must be punished,” he said.

Rs22.9m spent from govt. coffer for Asia Pacific Summit Published on: February 6, 2019

KATHMANDU: The government spent a total of Rs 22.9 million to organize the Asia Pacific Summit held in Kathmandu recently. The controversial summit organized by the Universal Peace Federation (UPF) was held from November 20 to December 3.

The government had been alleged of spending a huge amount of money on security, traffic management, hospitality, and other areas.

According to the details unveiled by the Ministry of Finance on Wednesday, the highest amount of expenses had been made by the Nepal Police, which accounted Rs 10,601,950 for security arrangements made for various dignitaries and international guests. Armed Police Force (APF) spent Rs 6,565,000 for mobilizing security forces.

Similarly, National Investigation Department (NID) spent Rs 1,287,500.

The Summit was organized by the Nepal Chapter of the Universal Peace Federation (UPF) based in Korea. Eknath Dhakal is the chief of the Nepal chapter of the UPF.

Dhakal, who was chairman of Nepal Pariwar Dal, is associated with ruling Nepal Communist Party.

Casinos yet to clear 1.32 billion tax Published on: February 6, 2019

KATHMANDU: Casinos operating in various places, including Kathmandu are yet to settle over Rs 1.32 billion in revenue.

Casinos, which were operated by flouting the government’s rules, had remained closed for a certain period of time. However, the casinos resumed their operation following the Supreme Court’s interim order not to close down the mini-casinos operated by three and four-star hotels.

According to the Casino Regulations 2013, casinos are required to renew their license every year by paying 50 percent of the operating license fee. Likewise, the operators are required to apply for the renewal a month before its expiry, the Office of the Auditor General (OAG) stated.

While big casinos and mini-casinos are yet to settle their outstanding royalty of around Rs 20 million and Rs 10 million respectively.

According to the OAG report, five companies are yet to clear the arrears amounting to Rs 70 million in renewal fee this year. Casinos operators are required to pay an annual royalty of Rs 30 million as set by the Financial Act 2017-18.

Currently, a total of 29 casinos are yet to clear a total of Rs 290 million dues, according to Bishnu Prasad Rijal, the spokesperson at the OAG. However, the Department of Tourism has not taken action against them.

While big casinos and mini-casinos are yet to settle their outstanding royalty of around Rs 20 million and Rs 10 million respectively.

Sources at the Department of Tourism said only those casinos operating by taking advantage of the SC interim order have been found flouting the rules. The OAG has accused the Department of Tourism of failing to take action against them.

Director General of the Department of Tourism, Dhundi Raj Ghimire states, “It is, in fact, challenging to collect revenue from the casinos. Earlier, the Internal Revenue Department was collecting revenues from casinos. Currently, the Department of Tourism collects revenue from the casinos.”

Ghimire claimed that there have been some positive indications since he took charge as the Director General of the Department of Tourism. The Department has raised a total of 1.13 billion so far, including Rs 660 million last year.

It has also been revealed that casinos are being operated from four places with a single license. As per the provision in the Finance Act, a casino can be operated from only one place with a single license.

The following casinos are yet to clear the outstanding dues, and have been operating for the last two and a half years following the Supreme Court’s interim order.

Hotel Yak and Yeti Casino

Radisson Hotel Casino Rad

Casino Rock International

Happy Hour Mini Casino

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UAE, Oman agree to high-level understanding on migrant workers Published on: February 6, 2019

KATHMANDU: The governments of United Arab of Emirates (UAE) and Oman– the two major destination countries for Nepali migrants–have agreed to review existing separate labor agreements with Nepal by incorporating massive reforms for the issues of both the employees and employers.

During the talks with the officials of the Ministry of Labor, Employment and Social Security (MoLESS), officials of both the countries seem positive to guarantee the migrants’ fundamental rights and security without additional cost on the part of Nepali migrant workers.

Joint Secretary Ram Prasad Ghimire-led team of the MoLESS held talks with the officials of Oman government on January 27 and 28 while with the officials of UAE government on January 30 and 31.During the talks with the officials of both the receiving countries, Nepal has proposed to recruit the migrant workers in zero cost, ensure transparency in recruitment process, assurance of minimum wages and guarantee of migrant workers welfare as established by the International Organization for Migration (IOM) and others.

The MoLESS said that the Nepali officials have laid emphasis on payment for overtime work, 24 hours insurance of the workers, leave for the workers in demise and sickness of their kin, special treatment for women migrant workers and other issues about the migrants’ rights should be incorporated in the labor pact.

Ghimire said that positive response has been received from the Oman side in regard to issues raised by Nepali officials. He added that very hearty, open and positive talks were held even with UAE officials and the government of UAE has expressed its readiness to sign a labor pact with Nepal as early as possible.

 

 

Govt. to announce ‘Prime Minister Employment Program’ on Feb 13 Published on: February 6, 2019

KATHMANDU: The government is announcing the ‘Prime Minister Employment Program’ on February 13 in a bid to end forceful foreign employment within five years.
The government has vowed to adequately provide employment opportunities to jobless youths in the domestic labor market, according to the Ministry of Labor, Employment and Social Security.
It should be noted that the government’s policy, program and budget of the current fiscal 2018/19 has come up with the plan to offer employment opportunities in the public development works.
The Right to Employment Act-2075 has guaranteed minimum 100 days annual employment to unemployed youths listed in the employment service centers. The Act has envisaged the setup of employment service center in each local level, which will identify and enlist the unemployed people.
It has been provisioned that the government would provide 50 percent of minimum wages a laborer is entitled to get while working for 100 days to each unemployed household as livelihood allowance given the government fails to offer minimum employment to the jobless.
Likewise, the government is preparing to create additional internal job opportunities in an integrated manner through coordination and collaboration in public construction and works including commercial farming, irrigation, drinking water, river control, forest, tourism and transport infrastructure.
According to the program, more job opportunities would be created in coordination and collaboration with private, cooperative and non-government sectors.
Entrepreneurship development training opportunities followed by subsidizing loan assistance would also be provided for promoting self-employment.
Minister for Labor, Employment and Social Security Gokarna Bista has intensified inter-consultation discussions for the effective implementation of the program with youth entrepreneurs, entrepreneurs and youth organizations of the political parties.

Procurement without bidding process- OAG report Published on: February 6, 2019

BANKE: Some government agencies and local governments were found to have procured goods and services without soliciting bids. The 2018/19 report of the Office of Auditor General – the constitutional budget oversight agency has painted a bleak picture of most of the government agencies based in the district.
It is mandatory for the concerned public entity to call quotations for open competition. Nevertheless, the competition has been made among limited forms and entities. Such practices have created ample spaces for fiduciary malaises, the report stated. According to the OAG report, most of the district-based government offices were found to have purchased the goods in bit and piece against the procurement rule.
According to the Public Procurement Act, the procurement of goods worth above a certain limit should be done at once. Most of the government offices and local governments are found to proceed the procurement without master plan and annual procurement plan. The offices were also found to have apathetic to execute the given responsibilities, reads the report. It has affected revenue collection and protection of public properties as well as relegated the public service to backburner.
The status of fiscal transparency is worse in local government than in government offices. However, the government offices are also found working in an unsystematic manner. The Treasury Single Account Office also noted that some offices were found maintaining database in a haphazard way. Even the District Administration Office is not found systematic in genuinely maintaining data and records for monitoring the government offices and taking actions.

 

NT launches pre-paid roaming service in China, India Published on: February 5, 2019

KATHMANDU: Nepal Telecom (NT) has introduced the roaming service for pre-paid mobile.
Prior to this, the service was available only in post-paid mobile phones. The pre-paid mobile roaming service will also be available in India and China from today.
The NC has begun the ‘out-bound roaming’ service. The prepaid mobile phone users are entitled to the new service without deposits. Prior to this, the post-paid mobile phone users had to deposit Rs 10,000 to have an access to this service. According to NT managing director Dilliram Adhikari said the company plans to further diversify its services and the new decision was of part of such plan.
Similarly, the company is to provide two GB data per month in a 900 package for GSM postpaid customers. The scheme shall come into effect from today. Similarly, new customers of GSM postpaid mobile phones to be registered from February 6 to February 20 will be given free one GB ‘all time’ data and 100-minute phone calls per month till three months.
Under the touristic package, five GB data, 50 minutes’ phone calls within the NT network, 50 SMS and a 100-minute international call services are available at Rs 500. The ceiling of these services is double in the package of Rs 1,000. The schemes were announced on the occasion of the 15th anniversary of the NT.
NT makes profit of Rs 45 billion
The company in the fiscal year 2074/75 BS (2017-18), earned a profit of Rs 45.27 billion and the figure was Rs 44.59 billion in the previous fiscal year. Last fiscal year, company’s net profit increased by 13.73 percent compared to the previous year and touched Rs 17.48 billion. Company’s income in per unit share was increased and reached 116.56 percent in that period.
The company has a significant contribution to the government revenue as it paid over Rs 26.20 billion in total (as tax and non-tax category) to the government in the fiscal year 2017-18. The number of its customers till last mid-December has reached 21,098,000. The figure was 17,600,000 in the previous fiscal year. The increase was 13.51 percent. Its present tele-density is 72.5 percent. The company has connected all the 77 districts in seven provinces with this wire and wireless and data services.

Over 15,000 Nepali women trafficked every year Published on: February 5, 2019

KATHMANDU: In what can be dubbed as a shocking revelation, over 15, 000 Nepalese women are trafficked to third countries, via India each year, according to a record maintained by the Metropolitan Police Crime Division (MPCD).

Trafficking of Nepali women migrant workers via India skyrocketed following the government’s ban on the out-migration of Nepali women in the Middle East countries as domestic workers.

The data shows trafficking of Nepali women to the Middle East, European and African countries by unscrupulous agents is on the rise, thereby exposing migrant women into risks. This has created a nightmarish situation for both Nepali and Indian police.

Trafficking of Nepali women migrant workers via India skyrocketed following the government’s ban on the out-migration of Nepali women in the Middle East countries as domestic workers.

With the rise in the number of trafficking cases, police officials in India and Nepal have intensified their activities in curbing the trafficking racket. Special Bureau of Indian police had arrested Lopsang Lama, a Nepali agent from India last month. Lama had been sending Nepali women to various third countries via India.

Delhi Commission for Women had rescued 16 Nepali women in July last year. Lama had arranged to send the women to various countries in the Middle East via India. This came to the fore when they informed the police about Lama, who had so far sent more than 24 women to various countries charging Rs 40,000 to Rs 50,000 each, according to Indian police.

Likewise, it should be recalled that the Delhi Commission for Women along with the local police rescued 73 Nepali women from New Delhi in August last year.

Similarly, in the same year, Maiti India rescued 37 Nepali women from three buildings in Indrapuram area of Ghaziabad. The women were hidden by the agents in a group of 17, 13 and 7, according to Balkrishna Pandey at Maiti India.

“It is difficult to control trafficking of women since they get lured by unscrupulous agents and follow illegal ways,” said Dr Narayan Regmi, spokesperson at the Ministry of Labor, Employment and Social Security. He further maintained that the ministry is working on a strategy to stop the trafficking of migrant women. Shockingly, it has also been revealed that the family members and neighbors are found to be assisting the traffickers.

Following the strict vigil by Indian police, the agents are adopting the strategy of trafficking Nepali women via Bangladesh of late.

Those women migrating for work via India to third countries are mostly uneducated, poor, and are uninformed about the procedures of foreign employment, according to Rajkumar Silwal at the Central Investigation Bureau. “Since the gullible women do not check the facts regarding foreign employment, they often get into trouble,” he said.

However, a majority of the rescued women are reluctant to share the details of the traffickers, he added.