chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Federal Parliament Secretariat Act, 2007

Provided that the gratuity, pension, or family pension amount already paid under sub-section (1) or (2) shall not be claimed by the person later found. 55. Special Provision relating to Family Pension: (1) Notwithstanding anything else written in this Act, if an employee dies due to conflict while performing tasks assigned by the Government of Nepal, and if his/her service term is less than twenty years, the remaining period shall be added, and his/her spouse shall be given a pension under this Act for life.

(2) A person receiving pension under sub-section (1) shall not be entitled to family pension or gratuity under Section 53.

(3) If a person receiving pension under this Section remarries, he/she shall not receive such pension.

(4) When the salary of a serving employee is increased, two-thirds of the increase in the initial salary shall also be added to the family pension amount being received by a person under this Section.

(5) If the person receiving pension under this Section dies or remarries, if the deceased employee has minor sons or daughters, such sons or daughters shall receive the amount of such pension as prescribed until they attain majority. 56. Special Financial Facility: If an employee dies while in service, a lump sum of one hundred fifty thousand rupees shall be provided to his/her family. 57. Reference to Salary: (1) The word "salary" used in various places in this Act shall mean the current salary amount (including salary increment) of the concerned employee of the Federal Parliament Service.

(2) For the purposes of Sections 49 and 50, "last salary" shall mean the salary being drawn by the concerned employee at the time of attaining retirement, and if any employee is on extraordinary leave or suspension at the time of attaining such retirement, full salary shall also be calculated for such period. 58. Provision relating to Insurance: Provisions relating to insurance facilities for employees shall be as prescribed. 59. Leave receivable by employee: (1) An employee shall receive the following leaves as prescribed:-

(a) Casual and festival leave,

(b) Home leave,

(c) Sick leave,

(d) Maternity leave,

(e) Maternity care leave,

(f) Bereavement leave,

(g) Compensatory leave,

(h) Study leave,

(i) Extraordinary leave.

(2) Notwithstanding anything written in sub-section (1), if the husband or wife of an employee is assigned to a Nepalese embassy or any mission abroad, such employee shall receive unpaid leave as prescribed. The period of such leave shall not be counted in his/her service period.

(3) Other provisions and procedures relating to leave shall be as prescribed. 60. Provision relating to Study, Training or Study Tour: Provisions relating to study, training, or study tour of employees shall be as prescribed.
Federal Parliament Secretariat Act, 2007

The period of such leave shall not be counted in his/her service period.

(3) Other provisions and procedures relating to leave shall be as prescribed. 60. Provision relating to Study, Training or Study Tour: Provisions relating to study, training, or study tour of employees shall be as prescribed. Chapter-8
Conduct

61. Punctuality and Regularity: An employee shall regularly attend the office at the time determined by the Secretariat and shall not, as far as possible, be absent from the office without prior approval of leave. 62. Discipline and Obedience of Orders: (1) An employee shall remain disciplined and perform his/her duties honestly and diligently.

(2) An employee shall promptly carry out orders given by a superior officer in matters related to the work of the Federal Parliament.

(3) An employee shall show due respect to employees senior to him/her and behave appropriately towards employees junior to him/her.

(4) An employee who is absent from his/her office without taking leave may be marked absent and have his/her salary deducted. The period of such absence shall not be counted in service period. 63. Not to Exert Political or Undesirable Influence: No employee shall exert or attempt to exert any political or undesirable influence over another employee with the intention of serving his/her own interest in matters related to his/her service. 64. Not to Participate in Politics: An employee shall not participate in politics. 65. Not to Criticize: (1) No employee shall, under his/her real or assumed name or anonymously, publish any article, give any news to the press, broadcast speeches by radio or television, deliver any public speech, or publish any statement in a manner contrary to the policy of the Federal Parliament or the Government of Nepal, or in a manner likely to disrupt the mutual relationship between the Government of Nepal or the Federal Parliament and the people, or relations with any foreign state.

(2) Notwithstanding anything written in sub-section (1), there shall be no bar to publishing or broadcasting articles in a manner not contrary to the prevailing law and the policy of the Federal Parliament or the Government of Nepal. 66. Prohibition on Publishing News relating to the Work of Federal Parliament: No employee shall, without authorization, directly or indirectly give or disclose any confidential or legally prohibited matter that has come to his/her knowledge while performing duties, any document or news written or collected by him/her, to an unauthorized employee or non-government person or press or other body. This prohibition shall also apply to persons who are no longer in service for any reason whatsoever. 67.
Federal Parliament Secretariat Act, 2007

This prohibition shall also apply to persons who are no longer in service for any reason whatsoever. 67. Prohibition on Receiving Donations, Gifts, Subscriptions, etc., and Taking Loans: (1) No employee shall, without prior approval of the Secretariat, accept any kind of donation, charity, gift, or present from anyone, either himself/herself or through any member of his/her family, or solicit subscriptions, or take loans from persons having business with the Federal Parliament in government work, in a manner likely to affect the work of the Federal Parliament or the Government of Nepal in any way.

(2) If an employee receives any gift from any foreign government or any representative of a foreign government, he/she shall inform the Committee thereof and act as directed. 68. Not to Establish and Operate Companies or Engage in Trade or Business: (1) An employee shall not, without prior approval of the Secretariat, do the following:-

(a) Participate in the establishment, registration, or operation of any bank, consultancy service, or company,

(b) Engage in any trade or business required to be registered under the prevailing law,

(c) Accept any kind of employment elsewhere.

(2) Notwithstanding anything written in sub-section (1), an employee may engage in literary, scientific, or artistic work in a manner not contrary to the policy of the Federal Parliament or the Government of Nepal. 69. Not to Participate in Elections: An employee shall not participate in elections for any political post, or solicit votes for anyone, or exert any kind of influence. Provided that there shall be no bar to exercising his/her right to vote under the prevailing law without disclosing whom he/she voted for or intends to vote for. 70. Prohibition on Conducting Demonstrations and Strikes: An employee shall not conduct demonstrations, participate in strikes, or incite others to do so with the intention of harming the sovereignty and integrity of Nepal, or in a manner that affects the peace, security, foreign relations and public dignity of the country, the prestige of the Federal Parliament, or constitutes contempt of court, or creates enmity among persons of different caste, ethnicity, religion, class, region and community, or spreads political or communal ill-will, or encourages any crime. 71. Prohibition on Strike, Obstruction, and Encircling: An employee shall not strike or go on pen-down, or exert pressure through physical or mental harassment, or incite others to do so, in a manner that obstructs or opposes any officer in the performance of duties determined by law. 72. Prohibition on Representation: An employee shall not represent any other person or group, except by filing a petition himself/herself or through an agent before the concerned body or authority on matters in which he/she feels aggrieved.
Federal Parliament Secretariat Act, 2007

72. Prohibition on Representation: An employee shall not represent any other person or group, except by filing a petition himself/herself or through an agent before the concerned body or authority on matters in which he/she feels aggrieved. Provided that this Section shall not be deemed to obstruct representation made on behalf of the employees' union formed under Section 73 and any act required to be performed based on the official duty of an employee. 73. Employees' Union: (1) Employees of the Secretariat, excluding the Marshall, in the third class or below of the gazetted level may form one Employees' Union for their professional rights and interests.

(2) If the Employees' Union existing in the Federal Parliament Secretariat at the time of the commencement of this Act submits an application along with the union's constitution and the list of office bearers of the working committee within thirty days of the commencement of this Act, the Secretariat shall grant recognition to it as the Employees' Union.

(3) The functions, duties and powers of the Employees' Union formed under this Section shall be as follows:-

(a) To provide constructive suggestions and assistance to the Secretariat to make the Federal Parliament Service effective and dynamic by protecting and promoting the rights and interests of employees,

(b) To provide suggestions to the Secretariat on matters of law relating to the Federal Parliament Service,

(c) To present demands relating to the professional rights and interests of employees before the Secretariat and establish mutual dialogue and consensus.

(4) Other provisions relating to the election, formation, and operation of the Employees' Union shall be as prescribed. 74. Property Details: Every employee shall submit details of his/her property to the Secretariat within one month of assuming office. 75. Not to Torture: (1) An employee shall not torture anyone.

(2) An employee shall not commit or cause to commit acts related to sexual harassment and domestic violence. 76. Other Conduct: (1) An employee shall behave courteously towards everyone while working in his/her office.

(2) An employee shall with dignity bear the responsibilities arising according to his/her office and post, and perform work impartially, transparently, and expeditiously.

(3) An employee shall not use or utilize any government property for domestic work.

(4) An employee shall not engage any employee appointed to receive salary or allowance from government revenue in his/her domestic work. 77.
Federal Parliament Secretariat Act, 2007

77. Conduct to be Observed According to Service and Post: (1) Every employee shall also observe conduct appropriate to his/her service or post.

(2) If an employee fails to observe punctuality, fails to obey an order given by a senior employee in matters related to government work, or is negligent or slow in office work, the concerned supervisor may, after recording reasons, give a warning to such employee, and a record thereof shall be kept in the personal file of the concerned employee. Chapter-9
Security of Service

78. Security of Employee's Service: No employee shall be removed or dismissed from the Federal Parliament Service without being given a reasonable opportunity to present a defense, except under the following circumstances:-

(a) Convicted by a court on a criminal charge involving moral turpitude,

(b) Holding a temporary post,

(c) Having sufficient grounds that the employee is absconding or cannot be contacted,

(d) Convicted by a court on a charge of corruption. 79. Defense of Employee: (1) No case shall be instituted against an employee in relation to any act done by him/her in the belief that it was performed in the course of duty of his/her position, without complying with the procedure under sub-section (2).

(2) For instituting a case against an employee under sub-section (1), permission of the Secretary-General must be obtained in the case of a criminal case, and in the case of a civil case, the following must have occurred:-

(a) Two months have elapsed after a written notice specifying the cause for instituting the case and the name and address of the plaintiff and his/her representative, if any, has been submitted to the Secretary-General or the concerned employee of the Federal Parliament Service, or sent by registered post, and a copy thereof has been submitted to the Secretariat,

(b) The case has been filed within eight months of the cause for instituting the case.

(3) No case shall be instituted against a former employee after the termination of service in relation to any act done in the course of the performance of duty of his/her position while in service, without permission under sub-sections (2) and (3).

(4) If permission is given to institute a case under sub-section (3), the Secretariat shall provide for his/her defense. 80. Protection of Service Conditions: The terms of service relating to salary, gratuity, pension, and other facilities that were in force at the time of appointment of any employee shall not be changed to his/her detriment without his/her consent.
Federal Parliament Secretariat Act, 2007

80. Protection of Service Conditions: The terms of service relating to salary, gratuity, pension, and other facilities that were in force at the time of appointment of any employee shall not be changed to his/her detriment without his/her consent. If any subsequent amendment adversely affects in any way the said service conditions of any employee who was in service before such amendment, such amended provision shall not apply to him/her without his/her written consent agreeing to be bound by such amended provision. Chapter-10
Punishment and Appeal

81. Punishment: An employee may be given the following ordinary or special punishment for reasonable and sufficient cause:-

(a) Ordinary punishment:

(1) Reprimand,

(2) Withholding a maximum of two salary increments or promotion for up to two years,

(3) Withholding two to five salary increments or promotion for two to five years.

(b) Special punishment:

(1) Removal from service without being declared disqualified for future Federal Parliament or other government service,

(2) Dismissal from service being declared disqualified for future Federal Parliament or other government service. 82. Reprimand or Withholding up to Two Salary Increments or Promotion up to Two Years: An employee may be given the punishment of reprimand, or withholding a maximum of two salary increments, or withholding promotion for up to two years under any of the following circumstances:-

(a) If the work performed by him/her is not satisfactory,

(b) If he/she fails to hand over charge as per the prevailing law,

(c) If he/she has received written warning twice within one year pursuant to sub-section (2) of Section 77,

(d) If he/she fails to responsibly fulfill the official duties and responsibilities specified by this Act or the prevailing law,

(e) If he/she fails to follow instructions given by a superior officer regarding repeated disregard for the concerns and complaints of service recipients,

(f) If an officer having the duty to implement or cause to implement job descriptions fails to do so. 83. Withholding Promotion for Two to Five Years or Withholding Two to Five Salary Increments: An employee may be given the punishment of withholding promotion for two to five years or withholding two to five salary increments under any of the following circumstances:-

(a) If he/she commits an act of indiscipline,

(b) If he/she violates conduct-related matters mentioned in this Act or the rules made under this Act,

(c) If he/she fails to settle advances as per the prevailing law,

(d) If he/she remains absent from office frequently without prior approval. 84.
Federal Parliament Secretariat Act, 2007

84. Removal or Dismissal from Service: (1) An employee may be removed from service without being declared disqualified for future Federal Parliament or other government service under any of the following circumstances:-

(a) If the employee is unable to perform the work or responsibilities of his/her post due to disqualification,

(b) If he/she repeatedly violates conduct-related matters,

(c) If he/she frequently consumes narcotics or intoxicants during office hours,

(d) If he/she frequently commits acts of indiscipline,

(e) If he/she participates in politics,

(f) If he/she repeatedly neglects the responsibilities of his/her post,

(g) If he/she remains absent from his/her office for a continuous period of sixty days without approved leave.

(2) An employee may be dismissed from service, being declared disqualified for future Federal Parliament or other government service, under any of the following circumstances:-

(a) If convicted by a court on a criminal charge involving moral turpitude,

(b) If he/she commits corruption. 85. Special Provision relating to Departmental Action and Punishment: (1) Notwithstanding anything else written in this Act, an employee who is absent from his/her office without taking leave, contrary to Section 61, may be marked absent and have his/her salary deducted. The period of such absence shall not be counted in service period.

(2) Notwithstanding anything else written in this Act, an employee who is absent for a continuous period of more than sixty days without approved leave shall not be marked present after deducting the absence. If an officer marks such employee present, such officer shall be subject to departmental action under Section 82, and the salary and allowance drawn by the employee so marked present shall be recovered from the officer so marking present as a government due. 86. Authority to Impose Departmental Punishment: (1) The authority to order special punishment under clause (b) of Section 81 for employees shall be as follows:-

(a) For employees working in the first class or above of the gazetted level, the Committee,

(b) For employees of the second and third classes of the gazetted level, the Secretary-General,

(c) For non-gazetted employees, the Secretariat Secretary.

(2) The authority to order punishment under clause (a) of Section 81 shall be as prescribed. 87. Power to Suspend: (1) If an investigation has to be conducted into any allegation against an employee mentioned in Section 84, the Committee may suspend such employee until the investigation is completed.
Federal Parliament Secretariat Act, 2007

87. Power to Suspend: (1) If an investigation has to be conducted into any allegation against an employee mentioned in Section 84, the Committee may suspend such employee until the investigation is completed. Provided that suspension shall not ordinarily be made unless the following circumstances exist:-

(a) If there is a possibility that the employee, if allowed to perform duties of the post without suspension, may collect false evidence or destroy evidence against him/her, or

(b) If there is a possibility that allowing the employee to perform duties of the post without suspension may cause loss or damage to any work of the Federal Parliament Service.

(2) When suspending an employee under sub-section (1), the suspension shall ordinarily not exceed two months. Action against the employee shall be concluded within that period. If due to any extraordinary circumstance, the action cannot be concluded within that period and the suspension period has to be extended, the suspension period may be extended by up to one month with prior approval of the Public Service Commission.

(3) An employee who is arrested and detained on a criminal charge involving moral turpitude shall be deemed to be automatically suspended for the period of such detention.

(4) The suspension of an employee shall end if he/she is reinstated to his/her post, or upon the expiry of the period under sub-section (2), or upon removal or dismissal from service. 88. Opportunity to Submit Defense: (1) Before ordering punishment to an employee, the Committee shall give such employee a reasonable period to submit his/her defense, mentioning the reasons for initiating action. While giving such opportunity, the charges against him/her shall be clearly specified, and the facts and reasons on which each charge is based shall also be stated. In such case, the concerned employee shall also submit his/her defense within the period, and the Committee shall seriously consider the defense so submitted.

(2) Before ordering departmental punishment, the Committee may cause an investigation to be conducted by itself or by another officer if deemed necessary. The officer conducting the investigation shall follow the prescribed procedure. 89. Punishment to be Proposed before Ordering Special Punishment: Before ordering special punishment, if the employee fails to submit a defense within the period given for submitting a defense under Section 88, or if the defense submitted is not satisfactory, the Committee shall give such employee a reasonable period to explain why the proposed punishment should not be given. 90.
Federal Parliament Secretariat Act, 2007

90. Consultation with Public Service Commission: If, in the course of departmental proceeding, the defense submitted by the employee under Section 88 or the explanation submitted under Section 89 is not satisfactory and it appears necessary to punish such employee, the authority competent to order departmental punishment shall propose the punishment to be given to such employee and consult the Public Service Commission. 91. Appeal: (1) An employee dissatisfied with the order of departmental punishment given by the authority competent to order such punishment under this Act may file an appeal before the Administrative Court formed under the prevailing law, amended by the Administrative Court Act, 2076. the Administrative Court formed under sub-section (1) of Section 69 of the Civil Service Act, 2049.

(2) If, after a final decision on an appeal relating to a punishment received by an employee, the employee's service is reinstated as a result thereof, but the employee does not appear within three months from the date of receiving notice of such decision, his/her employment shall not be retained. 92. Entitlement to Full Salary and Allowance after Reinstatement in Federal Parliament Service: If an order of removal or dismissal of an employee from the Federal Parliament Service is annulled by a court and he/she is reinstated in the Federal Parliament Service, such employee shall receive full salary, allowance, festival expenses, and salary increment, if any, from the date of removal or dismissal to the date of reinstatement. Chapter-11
Provisions relating to Appointment and Service Conditions of Marshall

93. Marshall: (1) There shall be a required number of Marshalls in the Secretariat to secure the Federal Parliament premises and to assist in matters relating to maintaining order for the smooth conduct of meetings of the Federal Parliament and its committees.

(2) The posts, class, and level of Marshalls under sub-section (1) shall be as prescribed. 94. Appointment and Service Conditions of Marshall: Provisions relating to the appointment and service conditions of Marshalls shall be as prescribed. 95. Salary, Allowance and Other Facilities: (1) A Marshall shall receive salary from the date of assuming office equivalent to the initial scale of the initial level of the equivalent post in the Nepalese Army.

(2) Except in cases where salary increment is withheld, a person appointed to the post of Marshall shall receive a salary increment equivalent to one day's salary of the initial scale of the post he/she holds upon completion of one year of appointment.
Federal Parliament Secretariat Act, 2007

Provided that the total annual salary increment amount receivable by an employee under this sub-section shall not exceed the amount prescribed by the Government of Nepal for the relevant class of the Nepalese Army.

(3) A Marshall shall receive an amount equivalent to one month's salary being drawn annually as festival expenses.

(4) A Marshall shall receive an amount equivalent to one month's salary being drawn annually as an incentive after the budget is passed by the Federal Parliament.

(5) Allowances, leave, and other facilities receivable by a Marshall shall be as prescribed. 96. Conduct and Punishment: Provisions relating to conduct to be observed by Marshalls and punishments applicable to them shall be as prescribed. Chapter-12
Miscellaneous

97. Handing Over Charge: Every employee and Marshall shall hand over the cash, kind, or documents in his/her charge to the concerned employee within the prescribed period, and the person receiving shall also take over the charge within the same period. 98. Delegation of Powers: (1) The Committee may delegate some of the powers conferred to it under this Act to the Secretary-General, Secretary, or any other officer to exercise.

(2) The Secretary-General may delegate some of the powers conferred to him/her to the Secretary, Secretariat Secretary, or any other officer to exercise. 99. Contact with Government of Nepal: The Secretariat shall maintain contact with the Government of Nepal through the Ministry of Law, Justice and Parliamentary Affairs. 100. Provision relating to Contract: (1) The Committee may engage any person on a contract basis for expert and essential services.

(2) Other provisions relating to engaging persons on a contract basis shall be as prescribed. 101. Power to Seek and Provide Assistance: (1) For the work of the Federal Parliament and its committees, the Secretariat may seek necessary manpower and other assistance from any ministry, department, office, constitutional body of the Government of Nepal, Nepalese embassies abroad, as well as unions, organizations and amended by the Amending Some Nepal Acts Act, 2062.local levels owned by the Government of Nepal.

(2) It shall be the duty of the concerned body or officer to provide the assistance requested under sub-section (1).

(3) With the consent of the Secretariat, the Government of Nepal may depute employees of the Secretariat and obtain necessary services. 102. Posts of Other Service Groups to Exist: (1) There shall be posts in the Secretariat under the Nepal Judicial Service (Law Group), Nepal Administrative Service (Accounts Group), and Nepal Health Service under the Civil Service.

(2) An employee holding a post under sub-section (1) shall, while working in the Secretariat, receive all facilities similar to those enjoyed by employees of the Federal Parliament Service, except insurance. 103.
Federal Parliament Secretariat Act, 2007

103. Change of Group or Sub-group: If an employee working in a post of one group or sub-group of the Federal Parliament Service submits an application wishing to change to a matching post of the same class in another group or sub-group, and if he/she possesses the minimum educational qualification required for the post desired to be changed to and has completed the minimum service period required for promotion to a higher post, the Committee may change his/her group or sub-group in consultation with the Public Service Commission. 104. Maintenance of Record of Employee's Punishment: (1) The Secretariat shall maintain a record of punishments of employees.

(2) The record maintained under sub-section (1) shall be taken as a basis for the following periods when entrusting departmental head responsibility, evaluating performance, awarding Federal Parliament Service rewards or decorations, nominating for study or training, upgrading, and providing any other kind of opportunity:-

(a) In case of reprimand, for a period of one year from the date of receiving such punishment,

(b) In case of suspension, for the entire period of suspension,

(c) In case of promotion being withheld, for the period of withholding,

(d) In case of salary increment being withheld, for the period of withholding. 105. Provision for Redressal of Grievances and Complaints of Employees: (1) Except in cases where an employee is entitled to file a complaint or appeal elsewhere under this Act or the prevailing law, if an employee feels aggrieved regarding any services, conditions, facilities provided under this Act or the rules made under this Act, or any matter concerning the employee, and if no action is taken even after informing the departmental head, he/she may present his/her grievances and complaints before the Committee as prescribed.

(2
Armed Police Force Act, 2001

Armed Police Act, 2058

Seal and Publication Date
2058.5.6

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
2. Some Nepal Acts Amendment Act, 2072 2072.11.13
3. Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074 2074.6.30

Act No. 3 of the year 2058



An Act made to provide for the formation and operation of the Armed Police Force, Nepal

Preamble: Whereas it is desirable to make provision for the formation and operation of the Armed Police Force in order to maintain peace and order and protect the life, property and freedom of the people in omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal,

This Act is made by the Parliament in the first year of the reign of His Majesty King Gyanendra Bir Bikram Shah Dev. Chapter-1
Preliminary

1. Short title and commencement: (1) This Act may be called the “Armed Police Act, 2058”.

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

(a) “National Security Council” means the National Security Council pursuant to Article 266 of the Constitution of Nepal amended by the Some Nepal Acts Amendment Act, 2072.

(b) “Central Security Committee” means the Central Security Committee pursuant to Section 7.

(c) “Armed Police Service” means the service under the amended by the Some Nepal Acts Amendment Act, 2072.
Armed Police Force Act, 2001

Armed Police Force, Nepal formed pursuant to Section 3.

(d) “Armed Police” means a person appointed in the Armed Police Service.

(e) “Armed Police Officer” means an Armed Police Officer of the rank of Armed Police Assistant Inspector and above.

(f) “Gazetted Officer” means an Armed Police Officer of the rank of Armed Police Inspector and above.

(g) “Commission” means the Armed Police Service Commission formed pursuant to Section 11.

(h) “Appointing Authority” means the officer authorized to make appointment pursuant to Section 13.

(i) “Other Police” means the police under the Police Act, 2012.

(j) “Armed Police Special Court” means the Armed Police Special Court formed pursuant to Section 28 or Section 29.

(k) “Armed Rebellion” means an act carried out by any person using weapons with the intention of creating any disorder to disrupt the sovereignty, amended by the Some Nepal Acts Amendment Act, 2072. territorial integrity, relations between federal units, or national unity of the State of Nepal, or to overthrow the authority of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., or to cause obstruction or opposition to the functioning of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., as amended by the Republic Strengthening and Some Nepal Laws (Amendment) Act, 2066.

(l) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules made under this Act. Chapter-2
Amended by the Some Nepal Acts Amendment Act, 2072. Formation and Operation of the Armed Police Force, Nepal

3. Formation of the Armed Police Force, Nepal: Amended by the Some Nepal Acts Amendment Act, 2072. (1) An Armed Police Force, Nepal is formed in Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(2) The number of posts of Armed Police in the amended by the Some Nepal Acts Amendment Act, 2072. Armed Police Force, Nepal formed pursuant to Sub-section (1) shall be as prescribed by the Government of Nepal.

(3) The Inspector General of Armed Police shall be the chief of the amended by the Some Nepal Acts Amendment Act, 2072. Armed Police Force, Nepal.

(4) Amended by the Some Nepal Acts Amendment Act, 2072. The headquarters of the Armed Police Force, Nepal shall be in Kathmandu Valley and subordinate offices shall be as prescribed. 4.
Armed Police Force Act, 2001

6. Operation of Armed Police: (1) The Government of Nepal shall operate the Armed Police for the purpose of performing the following functions:-

(a) to control an armed conflict occurring or likely to occur in any part of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.,

(b) to control an armed rebellion or separatist activity occurring or likely to occur in any part of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.,

(c) to control terrorist activity occurring or likely to occur in any part of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.,

(d) to control riots occurring or likely to occur in any part of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.,

(e) to assist in the rescue of victims of natural calamity and epidemic occurring or likely to occur in any part of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.,

(f) to rescue a kidnapped person or to control any heinous and grave crime or grave unrest occurring or likely to occur, if any citizen of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. or any other person is kidnapped,

(g) to guard the border of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.,

(h) to assist, remaining under the command of the Nepali Army, in case of external attack,

(i) to provide security to buildings, structures and other sites of public importance as designated by the Government of Nepal,

(j) to provide security to persons and prescribed institutions etc. that the Government of Nepal decides to protect,

(k) to perform functions mentioned in this Act and rules made under this Act or prescribed under other prevailing laws,

(l) to perform other functions as prescribed by the Government of Nepal from time to time.

(2) Where the Armed Police are operated in any part of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. pursuant to Sub-section (1), the Government of Nepal shall, at least once, inform the National Security Council and the Central Security Committee regarding the number of Armed Police so operated in that area and the work being performed by them.

(3) The power vested in the Government of Nepal pursuant to Sub-section (1) may be delegated by the Government of Nepal to any authority of a specific class subordinate to it as necessary.

(4) Where the authority obtaining power pursuant to Sub-section (3) operates the Armed Police in any part of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., such authority shall, at least once a week, inform the Government of Nepal regarding the number of Armed Police so operated in that area and the work being performed by them.

(5) The information received pursuant to Sub-section (4) shall be furnished by the Government of Nepal to the National Security Council and the Central Security Committee.
Armed Police Force Act, 2001

7. Central Security Committee: (1) For the purpose of Sub-section (1) of Section 6, there shall be a Central Security Committee consisting of the following Chairperson and members to provide necessary suggestions to the Government of Nepal:-

(a) Minister or Minister of State for Home Affairs — Chairperson
(b) Chief of Army Staff, Nepali Army — Member
(c) Secretary, Ministry of Defence — Member
(d) Secretary, Ministry of Home Affairs — Member
(e) Inspector General of Police — Member
(f) Inspector General of Armed Police — Member
(g) Chief, National Investigation Department — Member
(h) Joint Secretary, Ministry of Home Affairs — Member-Secretary

(2) Other concerned authorities may be invited to the meeting of the Central Security Committee as necessary. 8. To Remain Under the Control of Nepali Army: In a situation where the Royal Nepali Army is mobilized for the purpose of maintaining peace and order in any part of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., the Armed Police of the concerned place shall remain under the control of the Nepali Army for the duration of the mobilization of the Nepali Army. Chapter-3
Conditions of Service

9. Posts and Tenure of Service: (1) In the Armed Police Service, there shall be the posts of Inspector General of Armed Police and other posts as prescribed.

(2) The tenure of the Inspector General of Armed Police shall be four years and the tenure of other Gazetted Officers shall be as prescribed according to necessity. 10. Recruitment: Recruitment to the Armed Police Service shall be as prescribed. 11. Armed Police Service Commission: (1) For the purpose of making recommendations to the Appointing Authority for appointment to posts to be filled by open competition in the Armed Police Service, an Armed Police Service Commission shall be formed consisting of the following Chairperson and members:-

(a) Chairperson of the Public Service Commission or a member of the Public Service Commission designated by him/her — Chairperson

(b) A person designated by the Government of Nepal from among the officers of special class serving in the service of the Government of Nepal — Member

(c) Secretary, Ministry of Home Affairs — Member

(d) Representative (Special Class), Nepali Army — Member

(e) Inspector General of Armed Police — Member-Secretary

(2) The tenure of the Chairperson and members of the Commission shall be four years and they shall be eligible for reappointment.

(3) Provision relating to the remuneration, conditions of service and facilities of the Chairperson and members of the Commission shall be as prescribed.

(4) The Commission shall examine the suitability of candidates according to the procedure and basis determined by it and recommend to the Appointing Authority for appointment.
Armed Police Force Act, 2001

Added by the Some Nepal Acts Amendment Act, 2072.(4a) Notwithstanding anything contained in Sub-section (4), the written examination to be taken for recruitment shall be conducted by the Public Service Commission.

(5) The Commission shall determine its own procedures.

(6) Other functions, duties and powers of the Commission shall be as prescribed.

(7) The Commission may, subject to prescribed conditions, delegate any of its functions, duties and powers to any of its members or to an employee of the Government of Nepal for exercise and performance. 12. Appointment on Commission's Recommendation: Appointment to posts to be filled by open competition in the Armed Police Service shall be made on the recommendation of the Commission. 13. Appointing Authority: Appointment of Gazetted Officers shall be made by the Government of Nepal and appointment of other Armed Police shall be made by the prescribed officer. 14. Qualifications Required for Candidacy: The minimum educational qualification and other qualifications required for candidacy for a post in the Armed Police Service to be filled by open competition shall be as prescribed. 15. Transfer and Promotion: Transfer and promotion of Armed Police shall be as prescribed. 16. Power to Transfer: (1) Notwithstanding anything contained elsewhere in this Chapter, until the formation of the Commission, the Government of Nepal may transfer and post serving soldiers of the Nepali Army and serving police of other police service to the Armed Police Service, and the service of such soldiers and other police so posted in the Armed Police Service shall be counted in the Armed Police Service.

(2) No Armed Police shall be transferred to the Nepali Army or other police service, and after the formation of the Commission, no soldier of the Nepali Army or police of other police service shall be transferred to the Armed Police Service. 17. Taking Oath: Every Armed Police appointed for the first time shall, before assuming office, take an oath in the format as prescribed. 18. Continuation of Tenure of Post: The tenure of a post of an Armed Police above his/her own post shall continue in the following circumstances:-

(a) as long as he/she performs work in his/her own post,
(b) during the period allowed to assume office upon transfer,
(c) during the period he/she is on leave,
(d) during the period he/she is under suspension,
(e) during the period he/she performs work designated by the Government of Nepal,
(f) during the period he/she works in an acting capacity in another post. 19.
Armed Police Force Act, 2001

19. Departmental Action, Punishment and Appeal: (1) If an Armed Police, while performing his/her duty, shows carelessness or negligence, or makes any excuse to avoid performing any duty, or is incapable of performing his/her duty, or commits a breach of discipline, or engages in any prescribed misconduct, or fails to perform the duty under Section 24, or commits an offense under Section 27, or in other prescribed circumstances, such Armed Police may be dismissed from service with a finding of being disqualified for future government service, or removed from service without a finding of being disqualified for future government service, or given other departmental punishment as prescribed, according to the gravity of the offense.

(2) The authority to order departmental punishment to an Armed Police shall vest in the Appointing Authority.

(3) Without prejudice to the generality of the power given by Sub-section (1), the officer authorized to order departmental punishment to an Armed Police shall be as prescribed.

(4) While ordering punishment under Sub-section (1), the officer authorized to order departmental punishment under Sub-section (2) or (3) shall prepare and sign a note containing the charge with reasons and grounds for the order of punishment, details of the inquiry conducted in that regard, the accused's claim of defense if he/she was given an opportunity of defense, and if further inquiry was made according to that claim, then the officer's opinion and finding thereon, and if the opportunity of defense was not given, the reason, ground and circumstance why giving such opportunity was not reasonable, and shall keep it in the case file.

(5) An appeal against an order of departmental punishment given to an Armed Police shall lie to the prescribed officer. 20. Power to Suspend: (1) An Armed Police who is under departmental action under Section 19 may be suspended by the officer authorized to order punishment for a prescribed period.

(2) Before suspension under Sub-section (1), the officer authorized to order punishment shall disarm such Armed Police.

(3) An Armed Police shall be deemed to be automatically suspended in the following circumstances:-

(a) from the date of arrest if the Armed Police accused of an offense under Section 27 is arrested, or from the date of decision to file a case if not arrested,
(b) during the period of detention if arrested and detained on a criminal charge.

(4) If an Armed Police is suspended in relation to government work or as a result of action taken on behalf of the Government of Nepal, he/she shall receive only half of the salary he/she was drawing during the period of such suspension.
Armed Police Force Act, 2001

Provided that, if the accused is acquitted without the charge being proved, he/she shall receive full salary (including any increment if applicable) after deducting the half salary if already paid, or the full salary if not paid. If found guilty, he/she shall not receive the remaining salary from the date of suspension.

(5) If an Armed Police remains suspended for any reason other than those mentioned in Sub-section (4), he/she shall not receive any salary for the period of such suspension. 21. Protection Against Arbitrary Dismissal Etc.: When imposing a departmental punishment on an Armed Police, an opportunity of defense shall be given by fixing a reasonable period to show cause why such punishment should not be imposed, except in the following circumstances:-

(a) if convicted by a court and sentenced to imprisonment on a criminal charge involving moral turpitude,
(b) if convicted of an offense under Section 27 and sentenced to imprisonment, or
(c) if the officer imposing punishment has prepared a note stating the reason and grounds why giving an opportunity of defense is not reasonable. 22. No Bar to Prosecution: If an Armed Police commits an offense punishable under this Act or other prevailing laws, merely on the ground that departmental action or punishment has been taken against him/her under Section 19, he/she shall not be deemed to be barred from being prosecuted and punished under this Act or other prevailing laws. 23. Salary, Allowances and Other Facilities and Other Conditions of Service: The salary, allowances and other facilities and other conditions of service of the Armed Police shall be as prescribed. Chapter-4
Duties and Powers of the Armed Police

24.
Armed Police Force Act, 2001

23. Salary, Allowances and Other Facilities and Other Conditions of Service: The salary, allowances and other facilities and other conditions of service of the Armed Police shall be as prescribed. Chapter-4
Duties and Powers of the Armed Police

24. Duties and Powers of the Armed Police: (1) The duties and powers of the Armed Police shall be as follows:-

(a) Every Armed Police shall be deemed to be always on duty and shall, at any time, proceed to the place assigned and fulfill his/her responsibility.
(b) Orders of Armed Police of higher rank shall be promptly obeyed.
(c) Every Armed Police shall remain conscious and vigilant towards the work entrusted to him/her or his/her team.
(d) It shall be the duty of the Armed Police to perform other functions mentioned in this Act and the rules made under this Act and as required of him/her under other prevailing laws.

(2) If an Armed Police Officer has sufficient and reasonable grounds to suspect that there is a person involved in an offense or an object prohibited under prevailing laws in any house, place or vehicle within the area where he/she is assigned, he/she may, in accordance with prevailing laws, search such house, place or vehicle and arrest the person involved in criminal activities and hand over to the local other police as soon as possible. 25. Power of Armed Police of Higher Rank: The authority received by an Armed Police under this Act or the rules made under this Act may be exercised by an Armed Police of higher rank in the area where he/she is assigned. 26. Protection for Act Done in Good Faith: No Armed Police shall be liable to punishment for any act done in good faith while performing his/her duty or exercising his/her authority under this Act and the rules made under this Act. Chapter-5
Offenses and Punishment

27. Offenses Punishable with Imprisonment: (1) An Armed Police who commits the following offenses shall be punished with amended by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074. life imprisonment:-

(a) if he/she participates in an armed rebellion,
(b) if he/she does or causes to be done any act by writing, speaking, or by signs or in any other manner that may cause hatred, enmity or contempt likely to disrupt the sovereignty or territorial integrity, national independence of amended by the Some Nepal Acts Amendment Act, 2072.