chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Right to Information Act, 2007

Liaison with the Government of Nepal: The Commission shall liaise with the Government of Nepal through the Amended by the Act to Amend Some Nepal Acts to Make them Consistent with the Constitution of Nepal, 2075 (2018).Ministry of Communication and Information Technology. Chapter-4

Provisions Relating to Protection of Information

27. Provision Relating to Classification of Information: (1) For the purpose of protecting information related to sub-section (3) of Section 3 held in public agencies, there shall be a committee as follows to classify information policy-wise:–

(a) Chief Secretary of the Government of Nepal — Chairperson

(b) Secretary of the concerned Ministry — Member

(c) Office Chief or expert on the concerned subject designated by the Chairperson — Member

(2) The committee under sub-section (1) shall, for the purpose of classifying information, determine specific criteria including the period for which information related to sub-section (3) of Section 3 must be kept confidential and the method of protection, and shall inform the Commission accordingly.

(3) A person aggrieved by the classification made by the committee under sub-section (2) may submit an application to the Commission for review, stating that such information should be made public.

(4) Upon reviewing the application submitted under sub-section (3), if the Commission finds that such information does not need to be kept confidential, it shall order its disclosure.

(5) Information classified under sub-section (2) may be kept confidential for a maximum period of up to thirty years according to the nature of such information.

(6) Notwithstanding anything contained in sub-section (5), the committee shall review every ten years whether information kept confidential needs to remain confidential or not.

(7) Upon reviewing under sub-section (6), if such information needs to be kept confidential for an additional period, it may be classified to remain confidential by stating the period for which it must be kept confidential, and if it does not need to be kept confidential, it may be classified accordingly. 28. Protection of Information: (1) A public agency shall protect the information of a personal nature held by it from unauthorized publication and dissemination.

(2) Personal information held in a public agency shall not be used without the written consent of the concerned person except in the following circumstances:–

(a) In relation to averting a serious threat to the life of any person or the health or safety of the general public,

(b) If it is a matter that must be disclosed under the prevailing law,

(c) In relation to corruption control. 29.
Right to Information Act, 2007

29. Protection of Whistleblower: (1) It shall be the duty of an employee of the concerned public agency to provide information about corruption, irregularities, and any act considered an offence under the prevailing law that has occurred, is occurring, or may occur in a public agency.

(2) It shall be the duty of the recipient of the information to keep the identity of the whistleblower providing information under sub-section (1) confidential.

(3) The whistleblower shall not be dismissed from office, subjected to punishment imposing any kind of legal liability, or caused loss or damage due to providing information under sub-section (1).

(4) If the whistleblower is punished or caused loss or damage contrary to sub-section (3), the whistleblower may lodge a complaint with the Commission, seeking the annulment of that decision and claiming compensation.

(5) If, upon examining a complaint lodged under sub-section (4), the Commission finds that the whistleblower was dismissed, it may order the annulment of that decision and also order compensation if the whistleblower has suffered any loss. 30. Making Personal Information Available: (1) If a person, while holding office in a public agency, requests information on a subject relating to the public position, such agency shall make the information available to the concerned person as requested.

(2) If a stakeholder person requests information held in a public agency relating to himself/herself, such information shall be made available to him/her.

(3) The procedure for requesting and obtaining information under sub-section (1) shall be as mentioned in Section 7.

(4) While obtaining information under sub-section (1), the fee under Section 8 shall apply. 31. Prohibition on Misuse of Information: (1) No person shall misuse information obtained from a public agency by not using it for the purpose for which it was obtained.

(2) If a person misuses information contrary to sub-section (1), the concerned public agency may lodge a complaint with the Commission in that regard. Chapter-5

Provisions Relating to Punishment and Compensation

32.
Right to Information Act, 2007

Chapter-5

Provisions Relating to Punishment and Compensation

32. Punishment: (1) If the Chief or Information Officer of a public agency is found to have, without reasonable cause, not provided or refused to provide information, provided information partially or incorrectly, or destroyed information, the Commission may impose a fine of one thousand to twenty-five thousand rupees on such Chief or Information Officer and, if such Chief or Information Officer holds a position subject to departmental action, may send a letter to the concerned agency for departmental action against him/her.

(2) If the Chief or Information Officer of a public agency delays in providing information that should be provided on time, without cause, he/she shall be fined at the rate of two hundred rupees for each day of delay.

(3) If a letter is received from the Commission for departmental action under sub-section (1), the public agency shall take departmental action against such Chief or Information Officer within three months and inform the Commission thereof.

(4) If a person is found to have misused information obtained from a public agency by not using it for the purpose for which it was obtained, the Commission may, considering the seriousness of the misuse, impose a fine of five thousand to twenty-five thousand rupees on such person.

(5) The Commission may impose a fine of up to ten thousand rupees on a person who fails to comply with a decision made or order given by the Commission under this Act. 33. Compensation: (1) If any person suffers loss or damage due to the failure of the Chief or Information Officer of a public agency to provide information under this Act, refusal to provide information, providing information partially or incorrectly, or destruction of information, such person may submit an application for compensation to the Commission within three months from the date of not receiving information, receiving it partially or incorrectly, or the destruction of information.

(2) If, upon examining the application received under sub-section (1), it appears reasonable, the Commission may, considering the actual loss or damage suffered by the applicant, order the concerned agency to pay reasonable compensation. 34. Appeal: A person aggrieved by a decision made by the Commission under Section 32 may appeal to the High Court within thirty-five days from the date of receiving notice of such decision. Chapter-6

Miscellaneous

35.
Right to Information Act, 2007

34. Appeal: A person aggrieved by a decision made by the Commission under Section 32 may appeal to the High Court within thirty-five days from the date of receiving notice of such decision. Chapter-6

Miscellaneous

35. Correction of Information: (1) If a person believes that information on any subject held in a public agency is incorrect, such person may submit an application to the concerned Chief with necessary evidence for the correction of such information.

(2) If an application is received under sub-section (1), the Chief shall make necessary inquiries in that regard, and if, upon making such inquiries, it appears that the information held in his/her agency is incorrect, he/she shall correct such information within seven days of the application and inform the applicant thereof. 36. Defense for Work Done in Good Faith: Notwithstanding anything contained elsewhere in this Act, no legal proceedings shall be instituted against, and no punishment shall be imposed on, the Chief or Information Officer in relation to any work or proceeding done in good faith concerning the disclosure of information. 37. Matters to be Governed by this Act: Matters mentioned in this Act shall be governed by this Act, and other matters shall be governed by the prevailing law. 38. Power to Make Rules: The Government of Nepal may, in consultation with the Commission, make necessary rules for implementing the objectives of this Act. Schedule
(Relating to Section 18)

Oath

I, , do hereby solemnly promise / swear in the name of God that, being fully loyal to the country and the people, remaining faithful to the Constitution and laws of the country with high respect for the sentiment expressed by the people through the people's movement that the state power and sovereignty of Nepal shall be vested solely in the Nepali people, I shall be active in the effective promotion and implementation of the law relating to the right to information, respecting the right of citizens to be well-informed, without being influenced by anyone's fear, favoritism, prejudice, enmity, or greed, in the performance of the responsibilities and duties of the office of Chief Information Commissioner/Information Commissioner that I have assumed. Date: -

Signature
Police Employee Adjustment Act, 2019

Police Employees Adjustment Act, 2076

Date of Certification and Publication
2076.10.28

Act No. 16 of the year 2076

An Act Made to Provide for the Adjustment of Police Employees into Nepal Police and Provincial Police

Preamble: Whereas, it is desirable to make legal provisions relating to the adjustment of police employees into Nepal Police and Provincial Police,

The Federal Parliament has enacted this Act. 1. Short Title and Commencement: (1) This Act may be cited as the "Police Employees Adjustment Act, 2076."

(2) This Act shall come into force on the eighth day from the date of its certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Police employee" means a police employee serving in Nepal Police at the time of the commencement of this Act.

(b) "Provincial Ministry" means the Ministry looking after the subject of internal affairs of the Province.

(c) "Ministry" means the Ministry of Home Affairs of the Government of Nepal.

(d) "Adjustment" means the act of posting a police employee to a position in the organizational structure of Nepal Police or Provincial Police approved pursuant to this Act.

(e) "Committee" means the Organization and Management Survey Committee referred to in sub-section (2) of Section 3. 3.
Police Employee Adjustment Act, 2019

3. Organizational Structure and Sanctioned Posts: (1) For the purpose of adjustment pursuant to this Act, the organizational structure and sanctioned posts of Nepal Police and Provincial Police shall be as determined by the Government of Nepal.

(2) For the purpose of making recommendations to determine the organizational structure and sanctioned posts pursuant to sub-section (1), there shall be an Organization and Management Survey Committee in the Ministry as follows:-

(a) Secretary of the Ministry - Coordinator
(b) Inspector General of Nepal Police - Member
(c) Joint Secretary, Office of the Prime Minister and Council of Ministers - Member
(d) Joint Secretary, Ministry of Finance of the Government of Nepal - Member
(e) Joint Secretary, Ministry of Law, Justice and Parliamentary Affairs of the Government of Nepal - Member
(f) Secretary of the Provincial Ministry of the concerned Province - Member
(g) Joint Secretary (looking after administration), Ministry - Member-Secretary

(3) The meetings of the Committee and the procedure relating thereto shall be as determined by the Committee itself.

(4) The Committee shall prepare an organization and management survey report, including the details of the posts specifying the grades and positions to be held in Nepal Police and Provincial Police, based on the functions to be performed and the justification for the peace, security and order of the Federal or Province level, and shall make recommendations to the Ministry.

(5) Based on the recommendation made by the Committee pursuant to sub-section (4), the Ministry shall submit a proposal to the Government of Nepal for determining the organizational structure and sanctioned posts of Nepal Police and Provincial Police.

(6) The Committee may constitute sub-committees as necessary to assist in its work. 4. Preparation of Details of Police Employees: (1) The Ministry shall, within thirty days from the date of commencement of this Act, prepare the details of police employees for the purpose of adjustment of police employees.

(2) For the purpose of preparing the details pursuant to sub-section (1), the Ministry shall base it on the details of police in the National Cadre Management Information System and may, as necessary, request details of police employees from the Police Headquarters. The Police Headquarters shall provide the details so requested. 5.
Police Employee Adjustment Act, 2019

The Police Headquarters shall provide the details so requested. 5. Publication of Notice for Adjustment: (1) Pursuant to this Act, the Ministry shall publish a notice for adjustment into Provincial Police, calling for applications from police employees, detailing the positions, ranks, and their numbers for police employees of the rank of Deputy Superintendent of Police or below to be adjusted in each Province.

(2) While calling for applications pursuant to sub-section (1), details specifying the number of positions and ranks to be adjusted in each Province and which position or grade of police employees currently in Nepal Police may be adjusted to which position or grade in the Province shall be published on the websites of the Ministry and the Police Headquarters.

(3) A police employee desiring to be adjusted into the service of Provincial Police shall, within the period specified in the notice published pursuant to sub-section (1), submit an application to the office designated by the Ministry, as prescribed by the Ministry.

(4) Notwithstanding anything contained in this Section, a police employee who has not submitted an application for adjustment shall not be deemed to be prevented from being adjusted into Provincial Police subject to this Act. 6. Preparation of Details: Based on the applications received pursuant to Section 5, the Ministry shall prepare the details of police employees to be adjusted into the Provincial Police of each Province. 7.
Police Employee Adjustment Act, 2019

6. Preparation of Details: Based on the applications received pursuant to Section 5, the Ministry shall prepare the details of police employees to be adjusted into the Provincial Police of each Province. 7. Adjustment of Police Employees: (1) The Ministry shall adjust police employees of the rank of Deputy Superintendent of Police or below into the organizational structure and sanctioned posts of Provincial Police determined pursuant to Section 3, based on the details prepared pursuant to Section 6 and the basis pursuant to Section 8.

(2) The Ministry shall issue the adjustment order for a police employee of Gazetted level adjusted pursuant to sub-section (1), and the Police Headquarters shall issue the adjustment order for a police employee of Non-Gazetted level.

(3) While adjusting such a police employee into the organizational structure and sanctioned posts determined pursuant to Section 3, as per sub-section (1), two additional salary increments (grades) shall be added to the salary increment (grade) he/she has been receiving, and he/she shall be adjusted accordingly.

(4) If the salary applicable upon adjusting a police employee into Provincial Police pursuant to this Section is lower than the salary previously received by him/her, the salary shall be equalized by adding grades.

(5) Notwithstanding anything contained in the prevailing law, if the additional grade granted under sub-sections (3) and (4) during adjustment into Provincial Police exceeds the maximum grade that such employee is entitled to receive, the grade so added shall also be provided.

(6) Except upon recommendation by a Medical Board constituted by the Government of Nepal stating that the police employee adjusted into Provincial Police pursuant to this Section is unfit to remain in service due to ill health, or in case of mandatory retirement, if such employee resigns or takes voluntary retirement before completing a minimum service period of one year from the date of adjustment, such employee shall be entitled only to the facilities receivable from the position held prior to adjustment.

(7) Police employees other than those adjusted into Provincial Police pursuant to this Section shall be deemed to have automatically remained in Nepal Police.

(8) Police employees who have remained in Nepal Police pursuant to sub-section (7) shall be adjusted into the positions of Nepal Police determined pursuant to Section 3.

(9) Notwithstanding anything contained in sub-section (8), if the number of police employees who have remained in Nepal Police pursuant to sub-section (7) exceeds the sanctioned posts of the concerned position of Nepal Police determined pursuant to Section 3, the Ministry shall adjust them giving priority successively to seniority in the working position and seniority in age. 8.
Police Employee Adjustment Act, 2019

8. Basis for Adjustment of Police Employees: (1) While adjusting a police employee into Provincial Police pursuant to this Act, it shall be done based on the following grounds successively, according to the order of preference mentioned in the application submitted pursuant to sub-section (3) of Section 5:-

(a) Seniority in the working position,
(b) Province where working for at least one year,
(c) Current permanent residence address,
(d) Address mentioned in the citizenship certificate,
(e) Seniority in age.

(2) While adjusting into Provincial Police pursuant to sub-section (1), adjustment shall be made, as far as possible, based on the choice of the police employee, so that spouses fall within the same Province. 9. Police Employees May be Deputed: (1) If positions in the organizational structure and sanctioned posts of Provincial Police determined pursuant to Section 3 cannot be filled even after adjustment pursuant to Section 7, police employees from among those in the pool cadre pursuant to Section 16 may be deputed to Provincial Police for a specified period to perform the duties of equivalent positions.

(2) For the purpose of deputing police employees to Provincial Police pursuant to sub-section (1), the Ministry shall prepare details of police employees in the pool cadre pursuant to Section 16.

(3) A police employee deputed to Provincial Police pursuant to this Section shall perform functions as a member of Provincial Police.

(4) Except for the Provincial Police Chief, the concerned body or authority of the Provincial Government may transfer a police employee deputed pursuant to this Section from one office or body within the Province to another office or body of equivalent position.

(5) If a police employee deputed pursuant to this Section resigns, such police employee is promoted or transferred to a position within the Nepal Police cadre, or the position becomes vacant due to the death of such police employee, the Provincial Government may proceed with the process of filling such vacant position pursuant to the Provincial law. 10.
Police Employee Adjustment Act, 2019

10. Deputation of Provincial Police Chief: (1) The Government of Nepal shall depute a Deputy Inspector General of Nepal Police as the Chief of Provincial Police.

(2) A police employee deputed as the Provincial Police Chief shall wear the insignia of Provincial Police and perform functions as a member of Provincial Police.

(3) The remuneration and facilities of the Provincial Police Chief shall be as per Provincial law, subject to the standards prescribed by Federal law.

(4) Notwithstanding anything contained in sub-section (3), the remuneration and facilities receivable by the Provincial Police Chief shall not be less than the remuneration and facilities receivable by the equivalent position in Nepal Police.

(5) The Government of Nepal may transfer a police employee deputed as the Provincial Police Chief to another Province or to any body under Nepal Police, in coordination with the concerned Provincial Government. 11. Special Provisions Relating to Deputation of Senior Superintendent of Police and Superintendent of Police: (1) While adjusting into Provincial Police pursuant to this Act, the Ministry shall depute police officers of equivalent rank from Nepal Police to the positions of Senior Superintendent of Police and Superintendent of Police.

(2) The Senior Superintendent of Police and Superintendent of Police deputed to Provincial Police pursuant to sub-section (1) shall wear the insignia of Provincial Police and perform functions as a member of Provincial Police.

(3) The Provincial Government shall operate and mobilize the Senior Superintendent of Police and Superintendent of Police deputed to Provincial Police pursuant to sub-section (1) as members of Provincial Police, according to Provincial law.

(4) The Senior Superintendent of Police and Superintendent of Police deputed to Provincial Police pursuant to sub-section (1) may be transferred outside the Province or to any position in Nepal Police with the consent of the Provincial Government. Provided that, if from the perspective of peace and security or for acting against conduct rules it is not suitable to retain a police employee in that Province, the Government of Nepal may transfer him/her at any time.
Police Employee Adjustment Act, 2019

Provided that, if from the perspective of peace and security or for acting against conduct rules it is not suitable to retain a police employee in that Province, the Government of Nepal may transfer him/her at any time. Information of such transfer shall be provided to the concerned Provincial Government.

(5) If the position of Senior Superintendent of Police or Superintendent of Police deputed to Provincial Police pursuant to sub-section (1) becomes vacant for any reason, it shall be filled by promotion from within Provincial Police according to Provincial law, subject to the standards prescribed by Federal law.

(6) Notwithstanding anything contained in sub-section (5), if the vacant position of Senior Superintendent of Police or Superintendent of Police in Provincial Police cannot be filled by promotion pursuant to that sub-section, the Ministry may depute a police officer of equivalent rank from Nepal Police.

(7) The position of Senior Superintendent of Police or Superintendent of Police deputed to Provincial Police pursuant to sub-section (1) or (6) shall remain in the pool cadre of the Police Headquarters of Nepal Police.

(8) The Senior Superintendent of Police and Superintendent of Police deputed to Provincial Police pursuant to this Section shall be eligible candidates for promotion to higher positions in Nepal Police as per Federal law.

(9) The remuneration, facilities and transfers within the Province of the Senior Superintendent of Police and Superintendent of Police deputed to Provincial Police from Nepal Police pursuant to this Act shall be as per Provincial law, subject to the standards prescribed by Federal law.

(10) Notwithstanding anything contained in sub-section (9), the remuneration and facilities receivable under Provincial law shall not be less than the remuneration and facilities receivable by the equivalent position in Nepal Police. 12.
Police Employee Adjustment Act, 2019

12. Filling of Posts: (1) If, after adjustment or deputation pursuant to Section 7 or 9, positions in the sanctioned posts of Provincial Police determined pursuant to Section 3 remain vacant and cannot be filled, the Provincial Ministry shall arrange for filling positions below the rank of Superintendent of Police according to Provincial law, informing the Ministry.

(2) Notwithstanding anything contained in sub-section (1), if the law relating to Provincial Police Service has not been enacted and the Provincial Public Service Commission has not been formed, the Provincial Ministry may write to the Ministry for filling such vacant positions.

(3) Upon receiving a request to fill positions in Provincial Police pursuant to sub-section (2), the Ministry shall arrange for the selection of candidates according to the provisions for filling positions in Nepal Police for filling such positions, and shall recommend the selected candidates to the Provincial Ministry for appointment.

(4) Upon receiving recommendations for appointment pursuant to sub-section (3), the concerned authority shall give appointment as a member of Provincial Police.

(5) In case vacant positions of Provincial Police cannot be filled pursuant to this Section, upon the request of the Provincial Government, the Government of Nepal may depute police employees of equivalent rank from Nepal Police. 13.
Police Employee Adjustment Act, 2019

13. Obligation to Report for Duty: (1) A police employee adjusted or deputed pursuant to this Act shall report for duty in the Province of adjustment or deputation within fifteen days, excluding travel time.

(2) Notwithstanding anything contained in sub-section (1), a police employee who is in the following situation at the time of adjustment or deputation shall report for duty in the Province pursuant to that sub-section within fifteen days from the expiry of the following period:-

(a) A police employee on maternity leave or maternity care leave, after the expiry of such leave,
(b) A police employee on mourning or funeral leave, after the expiry of such leave,
(c) A police employee under suspension, after the expiry of such suspension,
(d) A police employee on study leave, after the expiry of such leave,
(e) A police employee hospitalized due to illness, after being discharged from the hospital.

(3) Notwithstanding anything contained in the prevailing law, a police employee who fails to report for duty within the period under sub-section (1) or (2) shall be retired from service by the authority empowered to issue departmental punishment orders.

(4) Before retiring a police employee from service pursuant to sub-section (3), a reasonable opportunity shall be given to submit a clarification and explanation according to the prevailing law.

(5) A police employee retired pursuant to sub-section (3) shall receive facilities according to the prevailing law.

(6) The empowered authority of the concerned Province shall have the police employee adjusting into the Province pursuant to this Act report for duty and assign responsibilities.

(7) An authority who fails to ensure reporting for duty and assign responsibilities pursuant to sub-section (6) shall be subject to departmental action according to the prevailing law. 14. Provisions Relating to Transfer and Promotion of Police Employees Adjusted into Provincial Police: (1) Notwithstanding anything contained in the prevailing law, a police employee adjusted into Provincial Police pursuant to this Act may be transferred within that Province by the concerned authority of the Province according to the law relating to Provincial Police.

(2) A police employee adjusted into Provincial Police pursuant to this Act, who has fulfilled the minimum educational qualification and service period required for promotion, may be a candidate for promotion to a vacant position in the Provincial Police of the Province of adjustment. 15.
Police Employee Adjustment Act, 2019

15. Standards Relating to Service Conditions and Security: (1) When making a law relating to its Provincial Police, the Province shall make the following provisions:-

(a) That while amending the organizational structure and sanctioned posts of the Provincial Police Office, the position held by a police employee adjusted into Provincial Police shall remain in existence until such employee retires,
(b) That the position of Deputy Inspector General of Nepal Police, established to serve as the Chief of Provincial Police pursuant to this Act, shall remain in existence,
(c) To ensure that the salary and other service facilities received at the time of adjustment are not decreased,
(d) To ensure that a police employee who has fulfilled the educational qualification and service period required for adjustment and promotion in Provincial Police shall be an eligible candidate for promotion to a position in Provincial Police,
(e) To make provision that if a police employee adjusted into Provincial Police requests a transfer to another Province due to marriage in that Province, transfer may be made in coordination with both Provinces.

(2) Notwithstanding anything contained elsewhere in this Act, until the law relating to the service, conditions, and facilities of Provincial Police is enacted, the service, conditions, and facilities of a police employee adjusted pursuant to this Act shall be according to the service conditions and facilities applicable prior to adjustment.

(3) No law shall be enacted which adversely affects the service conditions relating to salary, allowance, gratuity, pension, medical expenses, and other facilities applicable at the time of adjustment of a police employee adjusted pursuant to this Act.

(4) The concerned Provincial Government shall provide the salary, allowance, and other facilities of a police employee adjusted or deputed into Provincial Police pursuant to this Act.

(5) Notwithstanding anything contained in sub-section (4), if a police employee adjusted or deputed into Provincial Police pursuant to this Act is separated from service for any reason, the gratuity, pension, medical expenses, and accumulated leave amount receivable by him/her shall be borne by the Government of Nepal. While providing facilities in this manner, the facilities receivable by a Provincial Police employee separated from service shall not be less or more than the facilities receivable by a police employee of equivalent rank in Nepal Police upon retirement.
Police Employee Adjustment Act, 2019

While providing facilities in this manner, the facilities receivable by a Provincial Police employee separated from service shall not be less or more than the facilities receivable by a police employee of equivalent rank in Nepal Police upon retirement. Provided that, a police employee dismissed from service on grounds rendering him/her disqualified for future police or government service shall not be provided the facilities pursuant to this sub-section.

(6) Police employees adjusted into Provincial Police pursuant to this Act shall be provided opportunities for promotion to positions in Nepal Police as provided for in Federal law.

(7) Opportunities such as studies under foreign scholarships received by Nepal Police, training, seminars, workshops shall be provided to employees adjusted into Provincial Police pursuant to this Act, based on necessity and justification.

(8) While deputing police to United Nations missions, providing facilities of the Police Welfare Fund, Police Hospital, and Police School as per prevailing law, police employees adjusted into Provincial Police pursuant to this Act shall also be involved.

(9) While providing grants to Provincial Governments by the Government of Nepal as per prevailing law, the additional expenditure incurred due to adjusting or deputing police employees into Provincial Police pursuant to this Act shall also be taken into account, among other things. 16. Pool Cadre to Remain: (1) Police employees remaining after adjustment into the approved sanctioned posts of Nepal Police pursuant to sub-section (9) of Section 7 shall automatically fall into reserve, and the posts of such employees shall be deemed to remain in the pool cadre of the Police Headquarters.

(2) Except when deputed to Provincial Police, police employees in the pool cadre pursuant to sub-section (1) shall be deputed by the Police Headquarters to subordinate offices for work.

(3) If a police employee in the pool cadre pursuant to sub-section (1) is promoted to a higher position, transferred to a vacant position in the Nepal Police cadre, or ceases to be in service for any reason, such post shall be automatically abolished.

(4) Police employees in the pool cadre pursuant to this Section shall be eligible candidates for promotion to higher positions in Nepal Police as per Federal law. 17.
Police Employee Adjustment Act, 2019

17. Performance Evaluation and Departmental Punishment: (1) While evaluating the performance of a police employee deputed to Provincial Police pursuant to this Act, the marks given shall involve the participation of the concerned authority of the Province as per Federal law.

(2) If a police employee deputed to Provincial Police pursuant to this Act violates the law relating to service conditions, the concerned authority of the Province may impose departmental punishment as prescribed by Federal law.

(3) For the purposes of evaluating the performance of, and imposing departmental punishment on, the Provincial Police Chief pursuant to this Section, the Secretary of the Provincial Ministry shall be deemed the authority one level higher. 18. Coordination Committee: (1) For the purpose of coordinating and monitoring matters relating to adjustment of police employees and providing directions as necessary, there shall be a Coordination Committee as follows:-

(a) Minister of Home Affairs of the Government of Nepal - Coordinator
(b) Minister looking after the subject of internal affairs of the concerned Province - Member
(c) Secretary of the Office of the Prime Minister and Council of Ministers - Member
(d) Secretary of the Ministry - Member
(e) Secretary of the Ministry of Law, Justice and Parliamentary Affairs of the Government of Nepal - Member
(f) Inspector General of Nepal Police - Member-Secretary

(2) Concerned subject matter experts may be invited to the meeting of the Coordination Committee pursuant to sub-section (1) as necessary.

(3) The Coordination Committee pursuant to sub-section (1) shall regulate its own procedure. 19. Records of Sanctioned Posts: (1) The National Cadre Management Information System shall keep updated records of the organizational structure and sanctioned posts of Nepal Police and Provincial Police determined pursuant to Section 3.

(2) The National Cadre Management Information System shall keep updated details of the pool cadre pursuant to Sections 11 and 16.

(3) The National Cadre Management Information System shall keep updated and secure records of the details, promotions, and retirements of police employees adjusted into Provincial Police pursuant to this Act.

(4) The records maintained pursuant to sub-section (3) shall also be made available to the concerned Provincial Government. 20.
Police Employee Adjustment Act, 2019

20. Special Provisions Relating to Creation of Posts and Filling of Positions: (1) Notwithstanding anything contained in the prevailing law, until the adjustment work pursuant to this Act is completed, no organizational structure and sanctioned posts shall be created for any body of Nepal Police or Provincial Police, except under the circumstances referred to in Section 3.

(2) Notwithstanding anything contained in the prevailing law, after the adjustment of police employees pursuant to this Act, in the positions of Nepal Police Service that become vacant, only the remaining positions after adjusting police employees of the relevant group or sub-group from the pool cadre pursuant to Section 16 based on seniority shall be filled. 21. Matters to be Governed by this Act: Notwithstanding anything contained in the prevailing law, matters provided for in this Act shall be governed by this Act, and other matters shall be governed by the prevailing Nepal law. 22. Arrangement of Necessary Provisions: If any difficulty arises in the course of implementing this Act, the Government of Nepal may make necessary provisions not inconsistent with this Act. 23. Power to Make Rules: For the purpose of implementing this Act, the Government of Nepal may make necessary Rules.
Economic Procedure and Financial Accountability Act, 2019

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Financial Procedures and Fiscal Responsibility Act, 2076".

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Audit" means the audit conducted by the Office of the Auditor General pursuant to Article 241 of the Constitution.

(b) "Budget Code" means the code assigned to a Constitutional Body, Ministry, or Secretariat and Commission having jurisdiction equivalent to a Ministry, distinguishing the nature of work and organization as well.

(c) "Amount Recoverable" means the irregular amount determined as recoverable due to payment made contrary to law, payment made in excess, or recovery of a lesser amount at the time of audit, and such term also includes embezzled or misappropriated amounts and any other amount payable or deliverable to the Government of Nepal.

(d) "Internal Audit" means the work of examining, testing, and analyzing laws related to performance consistent with the objectives of the concerned office, management practices, accounts and other transactions and related documents and procedures, as well as evaluating the overall internal control system and reporting, conducted by the Fund and Account Controller Office or the Provincial Account Controller Office.

(e) "Fiscal Year" means a period of twelve months commencing from the first day of the month of Shrawan of each year and ending on the last day of the month of Ashad of the following year.

(f) "Higher-level Officer" means, in the case of a Head of Office, the concerned departmental head; in the case of a departmental head, the Secretary of the concerned Ministry, Secretariat and Commission; in the case of a Secretary, the concerned Minister of State or Minister; and in the case of a Secretary or administrative head of a Constitutional Body or Agency, the head of the concerned Constitutional Body or Agency.

(g) "Office" means all government offices of the Federal, Provincial and Local levels, including the Office of the President, Office of the Vice-President, Supreme Court, Federal Parliament Secretariat, Constitutional Bodies, Commissions, Office of the Provincial Chief, Courts, Office of the Attorney General, Nepal Army, Nepal Police, Armed Police Force, Nepal, and so forth.

(h) "Head of Office" means the officer or person designated as the administrative head to carry out the work of the office.

(i) "Transaction" means all works related to expenditure or deposit made in the course of taking charge of government movable and immovable, cash and kind assets and performing designated work in accordance with prevailing law, and such term includes all financial transactions related to financial transfers, revenue collection and deposit, receiving grants and loans, incurring expenditure, as well as deposits, working funds, and other funds.
Economic Procedure and Financial Accountability Act, 2019

Added by the first amendment.(i1) "Central Body" means a Constitutional Body, Commission, Secretariat, and a body operating at the central level of the Government of Nepal.

(j) "Fund and Account Controller Office" means a Fund and Account Controller Office established under the Office of the Comptroller General.

(k) "Responsible Person" means a person who has the duty, in accordance with authority obtained from the Accounting Officer or as determined under this Act, to conduct designated work, take charge, incur expenditure, maintain accounts, report, arrange for internal or final audit and settle irregularities, recover or cause to recover government cash or kind, and deposit or cause to deposit, and such term also includes a non-government person responsible for settling work for government purposes, whether or not having taken charge of government cash or kind.

(l) "Supervising Office" means an office at a higher level than the concerned office.

(m) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(n) "Provincial Consolidated Fund" means the Provincial Consolidated Fund pursuant to Article 204 of the Constitution.

(o) "Provincial Account Controller Office" means the office designated to operate the Provincial Consolidated Fund, issue directives for operating the provincial financial administration, prepare or cause to prepare provincial accounts, conduct or cause to conduct internal audit of offices under the province, and prepare the consolidated financial statement of the province and submit it to the Office of the Comptroller General and the Auditor General. Added by the first amendment.(o1) "Extra-Budgetary Public Entity" means, other than an Office, a Commission, Council, Authority, Board, Fund, Committee, or a public entity of similar nature, established pursuant to prevailing law, which receives grants from the Government of Nepal or is established to fulfill a prescribed responsibility under prevailing law.

(p) "Irregularity" means a transaction pointed out or determined during an audit as having been conducted without completing the necessary formalities as required by prevailing law, or without maintaining accounts that ought to have been maintained, or conducted in an irregular or improper manner.

(q) "Bank" means Nepal Rastra Bank, and such term also includes a commercial bank designated by Nepal Rastra Bank to conduct government transactions, exercising the authority of Nepal Rastra Bank.

(r) "Ministry" means a concerned Ministry of the Government of Nepal.
Economic Procedure and Financial Accountability Act, 2019

Chapter-2
Operation of the Federal Consolidated Fund and Consolidated Financial Statement

3. Operation of the Federal Consolidated Fund: (1) Subject to the Constitution, this Act and other prevailing laws, the Office of the Comptroller General shall operate the Federal Consolidated Fund.

(2) The Office of the Comptroller General shall be responsible for maintaining updated accounts of the Federal Consolidated Fund and preparing its annual financial statement.

(3) The Office of the Comptroller General may assign responsibility to any office or bank for the operation of the Federal Consolidated Fund and other Government Funds.

(4) It shall be the duty of the concerned office or bank to fulfill or cause to fulfill the responsibility pursuant to sub-section (3). Added by the first amendment.(4a) For balancing the Federal Consolidated Fund, the Ministry of Finance may deposit, fully or partially, the balance amount remaining in other Government Funds established pursuant to prevailing law into the Federal Consolidated Fund, with the arrangement to disburse it from the Federal Consolidated Fund to the concerned Fund at the time the liability arises. The Office of the Comptroller General shall maintain accounts of the amount received from such Funds. Added by the first amendment.(4b) After the commencement of this sub-section, the Office of the Comptroller General shall update the details of other Government Funds except those under sub-section (4a). If it appears unnecessary to keep such a Fund in operation, the Government of Nepal may abolish it at any time.

(5) Other provisions relating to the operation of the Federal Consolidated Fund and other Government Funds shall be as prescribed. 4. Financial Statements of Province and Local Level: (1) The Local Level shall prepare an integrated statement showing details of grants received from the Government of Nepal and Provincial Government, amounts received under revenue sharing, internal income, loans and grants, and expenditures for offices within its jurisdiction, and send it to the concerned Provincial Account Controller Office and the Fund and Account Controller Office.

(2) The Provincial Account Controller Office shall, based on the details of grants received from the Government of Nepal, amounts received under revenue sharing, internal income, loans and expenditures of the Provincial Government for offices within its jurisdiction, and the statement received pursuant to sub-section (1), prepare a consolidated financial statement of the financial transactions of the Local Levels within the province and send it to the Office of the Comptroller General.

(3) When sending the statement pursuant to sub-section (1) or (2), it shall be sent in the format prescribed by the Auditor General. 5.
Economic Procedure and Financial Accountability Act, 2019

5. Preparation of Consolidated Financial Statement: (1) The Office of the Comptroller General shall be responsible for preparing a consolidated financial statement based on the financial statements of the Federal Consolidated Fund, Provincial Consolidated Fund, Local Consolidated Fund, and other Government Funds.

(2) The Federal, Provincial and Local Levels shall prepare financial statements according to accounting standards approved by the Government of Nepal.

(3) The Fund and Account Controller Office shall, for offices within its jurisdiction, prepare a consolidated financial statement of the financial transactions of the Local Level, including details of grants received from the Government of Nepal and Provincial Government, amounts received under revenue sharing, internal income, loans and grants, and expenditure, as well as the consolidated financial statement of the Local Level's financial transactions pursuant to sub-section (1) of Section 4, and send it to the Provincial Account Controller Office and the Office of the Comptroller General.

(4) When sending the statement pursuant to sub-section (3), it shall be sent in the format prescribed by the Auditor General.

(5) The Office of the Comptroller General shall, based on the statements received pursuant to sub-section (3) and sub-section (2) of Section 4, prepare a consolidated financial statement and send it to the Ministry of Finance.

(6) The Ministry of Finance shall make public the consolidated financial statement received pursuant to sub-section (5) by the end of the month of Poush of each year.

(7) Other provisions relating to the preparation and publication of the consolidated financial statement shall be as prescribed. Chapter-3
Estimation of Revenue and Expenditure

6. Medium-Term Expenditure Structure to be Prepared: (1) The Planning Commission shall, based on the periodic plan, prepare a framework of the Medium-Term Expenditure Structure for a period of three years in each fiscal year.

(2) Each Ministry shall, based on the periodic plan and sectoral policies and plans, prepare a Ministry-wise Medium-Term Expenditure Structure including expenditure projections for the coming three fiscal years, and send it to the Planning Commission and the Ministry of Finance.

(3) The Planning Commission shall, in the Medium-Term Expenditure Structure pursuant to sub-section (1), prioritize each proposed project or program, including the macro fiscal framework for the coming three years, the budget and program framework and the results framework, along with activity-wise details of the proposed project or program, the estimated per unit cost of the activity, the estimated time required for implementing the project or program, and the likely results to be obtained therefrom.