KATHMANDU, March 6: The bill on the ‘Electronic Commerce (E-Commerce) Act, 2081’ passed by the House of Representatives and the National Assembly is yet to be certified by the President. After certification, it will be implemented as a law.
Parliament Secretariat Spokesperson Ekram Giri said that the E-Commerce Bill is in the process of certification and will come into effect from the 31st day after certification by the President.
The bill provides that if a business operates without creating an electronic platform, without listing in the department, without providing details of goods or services, or if the buyer and seller fail to fulfill the mentioned obligations, the inspection authority can impose a fine ranging from Rs 20,000 to 100,000.
The passed bill has made provision for a fine of Rs 50,000 to 500,000 or imprisonment for six months to three years, or both, depending on the severity of the offense, for those who conduct electronic transactions without fulfilling the obligations mentioned therein.
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The bill proposes that businesses operating on any electronic platform must be registered according to the law and obtain permission for trade in goods or services. It outlines that small or home-based entrepreneurs registered with the relevant government authority will be allowed to trade via platforms like TikTok, Instagram, and Facebook.
Those who do not have their own platform will need to register as small or micro-enterprises in order to sell goods and services through social media channels.
Online business platforms will be required to register with the Department of Commerce, Supplies & Consumer Protection. However, it is not clear whether small and medium enterprises (SMEs) should register if they do not have their own electronic platform. The electronic platform must be registered on the department's electronic trade portal within three months of the enactment of the Act.
The bill states that online agreement between a buyer and a seller will be legally binding, that payment for goods given to the carrier will be considered as payment to the seller, and that both electronic and physical payment methods will be allowed. If the buyer wants to pick up the goods from the sales center, the seller will have to ensure that arrangement.
If the goods provided by the seller do not match the description, the buyer has the right to return them without use or damage, and the business must accept the return. In such cases, the seller is obligated to provide either a replacement item of the same value, including taxes, to the buyer. Electronic platforms must keep the information of individuals involved in business confidential.
In the case of intermediary platforms there are provisions such as keeping transaction details for the specified period by tax law, keeping guarantees if given, and not discriminating against sellers. The passed bill includes a provision that sellers must verify before selling goods through intermediaries.
The description of the goods for sale and the concerned business must be listed on the electronic platform. The seller may enter into a separate agreement with the courier for the delivery of the goods.
