3 years imprisonment for not delivering goods after receiving money in online business

The government has initiated the law-making process to regulate online business (business conducted through electronic means). Industry, Commerce and Supply Minister Ramesh Rizal has registered the Bill 2080 to regulate electricity trade in the National Assembly on June 12.

Minister Rizal has mentioned that the bill has been introduced with the aim of giving legal recognition to online business and bringing it under the scope of taxation.

“I have introduced the bill because it is necessary to make a legal arrangement to regulate and make the commercial transactions of goods or services through information technology systematic and reliable,” he said.

In the proposed bill, the commercial transaction of goods or services through information technology is called electronic commerce.

According to officials of the Ministry of Industry, Commerce and Supply, these include advertising, movies, television, music, over the top (OTT), data collection, cloud services, gaming, mobile apps, online markets, software supply, data, image download services, education, consulting. , skill development and training services, e-books, e-libraries, e-magazines etc. come under e-commerce.

A provision has been proposed in the bill that any person, firm, company or organization should obtain permission from the government agency to do online business. And every such businessman should have an electronic platform (website, apps, Facebook page, YouTube channel, etc.).

The electronic platform should contain details such as business name, address, registered entity, registration certificate number, registered office, head office, branch and outlet where business is conducted.

It is mentioned in the bill that after establishing the electronic platform, an application should be submitted to the Department of Commerce, Supply and Consumer Protection for listing to do online business and after listing and getting the listing number, they will be allowed to do business.

It is proposed that online businesses that have been operating without this law should apply for listing within three months.

In the bill, businessmen who do business online will have to inform about what kind of goods and services they will provide through the electronic platform. Details such as the name, nature, design, trademark, shape or picture, composition, weight or underlying elements of goods and services must be kept in the electronic platform.

Along with this, the final selling price of the goods or services including tax, shipping or transfer fees, time taken to transfer the goods and services, warranty of the goods and services, warranty, manufacturing company and the name of the person, firm, company or organization providing the service should also be kept.

The government is preparing to update the total transaction amount on the electronic platform and to determine the tax based on that.

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