chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

The expenses so incurred for treatment shall not be deducted from the treatment expenses receivable by him/her under section 31.

(4) A Judge who intentionally or through his/her own gross negligence causes injury and becomes maimed shall not receive the facility under this Act. 18. Extraordinary Family Pension and Gratuity: (1) If a Judge dies immediately in an accident in the course of performing official duties, or dies subsequently without recovering from the effects thereof, the widowed wife or widower husband of the Judge shall be given a separate lifelong monthly family allowance and an additional lump sum gratuity as follows:

 Monthly Rate of Family Allowance Lump Sum Gratuity

 (a) Judge of a High Court Two hundred fifty rupees Eight thousand seven hundred fifty rupees
 (b) Judge of a District Court One hundred ninety-five rupees Six thousand five hundred rupees

(2) For the purpose of granting the lifelong monthly family allowance and additional gratuity under sub-section (1), the widowed wife or widower husband of the Judge shall be recognized only in the following circumstances:

(a) The marital relationship with the Judge must have subsisted before the Judge's death,
(b) The spouse must have been living together with the Judge at the time of the Judge's death.

(3) If there is no widowed wife, or if she was separated from the husband before his death, or if the widowed wife has remarried, the lump sum gratuity under sub-section (1) may be given equally in a lump sum to the children born from the widowed wife. Provided that if there are children below the age of eighteen years, for their maintenance, a family allowance may also be provided at a reasonable rate, not exceeding two-thirds of the amount of family allowance receivable by the widowed wife, for such period as the Government of Nepal deems appropriate.

(4) If the deceased Judge leaves no widowed wife, widower husband or children, and there is a dependent mother, father, or both or one of the parents-in-law, for their maintenance, a family allowance may be provided at a reasonable rate, not exceeding two-thirds of the amount of family allowance receivable by the widowed wife or widower husband, for such period as the Government of Nepal deems appropriate.

(5) If the deceased Judge leaves no widowed wife, children, mother, father, or parents-in-law, and there is a dependent brother or unmarried sister(s), for their maintenance, a family allowance may be provided to them equally at a reasonable rate, not exceeding two-thirds of the amount of family allowance receivable by the widowed wife or widower husband, for such period as the Government of Nepal deems appropriate. 19.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

19. Educational Allowance or Children's Allowance: (1) If a Judge dies in an accident in the course of performing official duties, or becomes permanently incapacitated for work due to the same cause, each child of such deceased or disabled Judge shall be given an annual educational allowance at the rate of nine hundred rupees until reaching the age of eighteen years. Explanation: For the purpose of this section, "child" means the son or daughter of the deceased or disabled Judge.

(2) A child of a Judge who died in the course of performing official duties, who has neither parent alive, shall be given, in addition to the educational allowance under sub-section (1), a children's allowance at the monthly rate of seventy-five rupees.

(3) The allowance under sub-section (2) shall be received by the concerned child until the date of completing the age of twenty-one years or entering government service, whichever occurs earlier.

(4) If a Judge dies in the course of performing official duties or becomes permanently disabled, the Judicial Council shall recommend to the Government of Nepal regarding the allowance or gratuity receivable by the Judge, his/her family or children. 20. Leave: (1) A Judge shall receive the following leaves:

(a) Casual leave,
(b) Festival leave,
(c) Home leave,
(d) Sick leave,
(e) Bereavement leave,
(f) Special leave,
(g) Maternity leave,
(h) Paternity leave.

(2) A Judge of a District Court may, in addition to the leaves mentioned in sub-section (1), also receive study leave. 21. Casual and Festival Leave: (1) A Judge may take six days of casual leave with full pay and six days of festival leave each year.

(2) Casual and festival leave of one year shall not be accumulated for the next year.

(3) Casual and festival leave may be taken for half a day as well. 22. Home Leave: (1) A Judge shall receive home leave with full pay at the rate of one day for every eleven days of work performed.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

22. Home Leave: (1) A Judge shall receive home leave with full pay at the rate of one day for every eleven days of work performed. Explanation: For the purpose of this section, "work performed" means days spent on casual leave, festival leave, and public holidays as well.

(2) Home leave under sub-section (1) may be accumulated up to a maximum of one hundred fifty days.

(3) A Judge who has accumulated more than one hundred twenty days of home leave may, in lieu of such excess accumulated home leave, receive, by the end of the same fiscal year, a lump sum amount calculated at the rate of the remuneration drawn by him/her, for up to a maximum of thirty days of the home leave accumulated by the end of Chaitra of each year.

(4) Even if a Judge is separated from service for any reason, he/she may receive a lump sum amount calculated at the rate of the remuneration drawn by him/her, for up to a maximum of one hundred twenty days of the home leave accumulated under sub-section (2).

(5) A Judge, while going home on home leave, and while returning from home to the court after settling home leave, shall receive traveling time once a year at the rate of one day for eight kos of walking distance, and for motor, rail, or air travel, as many days as it actually takes.

(6) If a Judge dies before receiving the accumulated home leave under sub-section (2) or the amount in lieu thereof, such amount shall be received in a lump sum by the person specified in sub-section (1) of section 15.

(7) If any public holiday falls during the period of home leave taken by a Judge under this section, such public holiday shall not be added to the home leave. 23. Sick Leave: (1) A Judge shall receive twelve days of sick leave with pay each year.

(2) If the sick leave under sub-section (1) is not taken, it shall accumulate.

(3) A Judge shall, upon retirement from service, receive a lump sum amount in lieu of the sick leave accumulated under sub-section (2), calculated based on the monthly remuneration drawn by him/her at that time.

(4) If a Judge contracts a serious or severe disease and submits a certificate from an authorized physician, he/she may receive, even if no sick leave remains, additional sick leave with pay for up to two months, and after exhausting such additional sick leave with pay, may receive sick leave without pay for up to an additional four months at a time, provided that the total in the entire service period does not exceed twelve months.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

Provided that, while taking such additional sick leave with pay, for every two days of additional sick leave taken, one day shall be deducted from home leave.

(5) A Judge requesting sick leave for a period exceeding seven days must submit a certificate from an authorized physician. Provided that, in the case of the Chief Judge of a High Court, if the Chief Justice, and in the case of other Judges, if the Chief Judge of the High Court, is satisfied that it is generally not possible to submit such certificate, the leave may be approved without requiring the certificate, stating the reasons thereof.

(6) If a Judge dies before receiving the accumulated sick leave or the amount in lieu thereof, such amount shall be received in a lump sum by the person specified in sub-section (1) of section 15. 24. Bereavement Leave: A Judge who is required to observe mourning himself/herself shall receive bereavement leave with pay for a maximum of fifteen days according to his/her religion or culture. 25. Special Leave: (1) A Judge may, if special reasons arise, receive special leave for up to a maximum of one month at a time, and for a total of up to three months during the entire service period.

(2) A Judge on special leave under sub-section (1) shall receive half pay. 26. Maternity Leave: (1) A female Judge may take maternity leave for a total of ninety-eight days, covering before and after childbirth.

(2) A Judge who has taken maternity leave under sub-section (1) may, if she wishes, take additional maternity leave without pay for up to six months, without deducting from any other leave.

(3) The leave under sub-sections (1) and (2) shall be taken consecutively.

(4) The period of leave without pay under sub-section (2) shall be counted as service period.

(5) A Judge on maternity leave under sub-section (1) shall receive full pay.

(6) The record of maternity leave taken shall be maintained by the concerned court and information thereof shall be provided to the Judicial Council. 27.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

27. Paternity Leave: (1) If the wife of a Judge is about to give birth, such Judge may take paternity leave for a total of fifteen days, before or after the childbirth.

(2) A Judge on paternity leave shall receive full pay.

(3) Paternity leave shall be granted only twice during the entire service period.

(4) A Judge who has taken paternity leave must submit the birth registration certificate of the child to the court where he/she works within three months from the date of taking leave.

(5) If a Judge fails to submit such certificate within the period under sub-section (4), the period of such leave shall be deducted from other leave receivable by him/her.

(6) An up-to-date record of paternity leave shall be maintained by the concerned court and information thereof shall be provided to the Judicial Council. 28. Study Leave: A Judge of a District Court who is selected for study in subjects useful and necessary for the administration of justice under a scholarship from the Government of Nepal or received by the Government of Nepal, shall receive study leave with pay. Provided that such leave shall not exceed three years. 29. Leave Sanctioning Authority: (1) The Chief Judge of a High Court may take casual leave and festival leave himself/herself by verbally informing the senior most Judge next to him/her. Sanction for other leaves must be obtained from the Chief Justice.

(2) Other Judges of a High Court may take casual leave and festival leave themselves by verbally informing the Chief Judge. Sanction for other leaves must be obtained from the Chief Judge.

(3) A Judge of a District Court may take casual leave and festival leave himself/herself. Sanction for other leaves must be obtained from the Chief Judge of the concerned High Court. Provided that, as far as possible, before taking such casual leave and festival leave, the Judge of the District Court shall verbally inform the Chief Judge of the concerned High Court. A Judge of a District Court having more than one District Judge may take casual leave and festival leave by verbally informing the senior most District Judge, and this shall not be an impediment.

(4) When sanctioning leave for a period exceeding one month to any Judge under this section, the Chief Judge of the High Court shall consult with the Chief Justice. 30.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

30. Accumulated Leave from Previous Service: If a person who was serving in a constitutional position or in the permanent service of the Government of Nepal or an institution wholly owned by the Government of Nepal is appointed to the post of Judge, the accumulated home leave or sick leave earned by such person while serving in such position or service shall be deemed to be accumulated as per this Act for such Judge. 31. Treatment Expenses: (1) If a Judge falls ill and undergoes treatment after diagnosis of the disease based on a physician's prescription, he/she shall receive the following expenses as treatment expenses:

(a) Expenses as per the hospital bill incurred during hospitalization and treatment in the hospital, and the cost of medicines purchased as per the hospital physician's prescription.
(b) Fees charged by a physician, kabiraj or vaidya for examination, and the cost of medicines purchased according to the prescription given after examination, in cases where hospitalization is not required or not possible, or after discharge from the hospital.
(c) Expenses as per the bill incurred for all types of surgical operations, except plastic surgery.
(d) Expenses as per the bill incurred for equipment such as spectacles, dentures, earphones etc., up to the limit prescribed by the Government of Nepal by issuing an order from time to time.
(e) If treatment is undertaken in another district or abroad, leaving one's home or rented accommodation, full transportation expenses for the patient and, if an attendant is necessary, for one attendant as well, up to and from such place, and seventy-five percent of the daily allowance receivable by the Judge as food expenses.

(2) Notwithstanding anything contained in sub-section (1), treatment expenses shall not be given if the expense incurred at one time is less than five hundred rupees, and the total treatment expenses a Judge receives during the entire service period shall not exceed an amount equal to twelve months' remuneration.

(3) Notwithstanding anything contained in sub-sections (1) and (2), if a Judge is injured in the course of performing official duties and requires treatment domestically, or if domestic treatment is not possible and a Medical Board formed by the Government of Nepal recommends treatment abroad, the Government of Nepal shall bear the expenses incurred for treatment abroad as per the prescription and bill.

(4) If a Judge wishes to take the treatment expenses receivable under this Act as an advance, subject to sub-section (2), an advance may be given with the condition of settling accounts later; and if the amount taken as advance exceeds the amount receivable as treatment expenses upon subsequent accounting, the excess amount shall be deducted in installments from the Judge's remuneration.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

Provided that if the Judge dies before the amount to be deducted is fully recovered, the remaining balance to be deducted shall be written off.

(5) If any member of the Judge's family falls ill, the Judge may receive, up to half of the maximum treatment expense amount receivable under sub-section (2), ninety percent of the treatment expenses incurred as per the bill, which shall be deducted from that maximum amount.

(6) While claiming treatment expenses under sub-section (5), a physician's prescription mentioning the diagnosis of the disease must be submitted.

(7) If any member of the Judge's family falls ill and requires treatment abroad, or requires hospitalization and surgery or treatment domestically, the Judge shall receive, from the amount receivable under sub-section (2), ninety percent of the expenses as per the hospital bill and the cost of medicines and treatment as per the hospital physician's prescription.

(8) Notwithstanding anything contained in sub-sections (5) and (7), if the Judge's living-in spouse, mother, father, mother-in-law or father-in-law is serving in a constitutional position, government service, or service of an institution owned or controlled by the government, such treatment expenses shall not be received. Explanation: For the purpose of this section, "constitutional position" means the post of the head or office bearer of a constitutional body.

(9) If, at the time of separation from service, a Judge has a remaining balance of treatment expenses receivable under sub-section (2), such remaining amount may be received in a lump sum. Provided that, if a Judge of a High Court who retires with pension has completed fifteen years of service, and a Judge of a District Court has completed twenty-five years of service, they shall receive, at the time of such separation from service, a lump sum amount calculated by adding another ten percent to the amount receivable under sub-section (2).

(10) Notwithstanding anything contained in sub-section (9), a Judge who has already received treatment expenses for service rendered to the Government of Nepal shall only receive the remaining amount after deducting the treatment expenses previously received.

(11) A Judge shall not be given treatment expenses exceeding an amount equal to one and a half months' remuneration drawn by him/her in a year, for himself/herself and family combined, except in the following circumstances:

(a) When treatment abroad is required or domestic hospitalization is required under this section,
(b) When treating a family member under sub-section (7).

(12) A Judge claiming treatment expenses under this section must, if ill to the extent of being unable to attend court, first apply for sick leave as long as sick leave remains.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

Provided that if no sick leave remains, applying for other leave shall not be an impediment.

(13) If a Judge dies before receiving the treatment expenses receivable under this section, such treatment expenses shall be received by the person specified in sub-section (1) of section 15.

(14) Details of the treatment expenses received by a Judge under this section shall be maintained in the Judge's leave record and personal file. 32. Additional Financial Assistance: (1) In addition to the treatment expenses receivable under sub-section (1) of section 31, the Government of Nepal may provide an amount deemed reasonable as additional financial assistance to a serving Judge or his/her spouse, based on a recommendation by the Medical Board formed by the Government of Nepal for domestic or foreign treatment.

(2) When providing additional financial assistance under sub-section (1), for serious diseases such as kidney, heart and cancer, an amount up to a maximum of five hundred thousand rupees may be given as per the bill for the expenses incurred for treatment.

(3) To obtain financial assistance under this section, the Judge must have already received the treatment expenses under sub-section (1) of section 31, and must submit a recommendation of the Medical Board formed by the Government of Nepal stating that further treatment is required, along with treatment-related documents and expense bills and vouchers. 33. Provision for Acting Capacity: (1) If the post of Chief Judge of a High Court falls vacant, or if the Chief Judge is unable to perform the duties of his/her post due to ill health or any other reason, or if the Chief Judge is absent from the court due to being on leave or being out of Nepal, the Chief Justice may assign the senior most Judge of that same High Court to work as Acting Chief Judge.

(2) A Judge of a High Court working as Acting Chief Judge pursuant to sub-section (1) shall receive the same remuneration and facilities as receivable by the Chief Judge for the period he/she acts as such. 34. Joining Time: (1) A person appointed to the post of Judge must assume office and take charge within one month of appointment. Remuneration and facilities shall be receivable only from the date he/she takes charge.

(2) If a Judge fails to take charge of his/her post without reasonable cause within the period under sub-section (1), his/her post shall be deemed to have fallen vacant automatically.

(3) A Judge transferred from one court to another shall receive a maximum time of seven days for preparation. 35.
Remuneration, Facilities and Other Conditions of Service of Judges of High Court and District Court Act, 2017

35. Salary during Suspension: If a Judge is suspended under the prevailing law, he/she shall receive only half of his/her salary during the period of such suspension. Provided that if the alleged charge is not proved and he/she is exonerated, he/she shall receive full salary for the suspension period, deducting any half salary already received, or if none was received, full salary. If found guilty, he/she shall not receive the remaining salary from the date of suspension. 36. Oath of Office: Before taking charge of his/her post, the Chief Judge of a High Court shall take an oath of office and secrecy in the format as per Schedule-2 before the Chief Justice, and other Judges of a High Court and Judges of a District Court shall take such oath before the Chief Judge of the concerned High Court. 37. Review of Remuneration and Facilities: The Government of Nepal shall, in consultation with the Supreme Court, review the remuneration of Judges every three years. 38. Amendment to Schedule: The Government of Nepal may, by publishing a notice in the Nepal Gazette, amend the Schedule. 39. Repeal and Saving: (1) The Act Relating to Remuneration, Facilities and Other Conditions of Service of Judges of High Courts and District Courts, 2048 is hereby repealed.

(2) All actions and proceedings done under the Act Relating to Remuneration, Facilities and Other Conditions of Service of Judges of High Courts and District Courts, 2048 shall be deemed to have been done under this Act. Schedule-1

(Relating to section 3, sub-sections (1) and (2) of section 5, sub-section (3) of section 6, sub-section (1) of section 7, sub-section (5) of section 8, section 10 and section 11)

Remuneration and other Facilities of Judges of High Courts and District Courts

 S.No. Type of Facility Unit Rate Chief Judge of High Court Judge of High Court Judge of District Court

 1 Remuneration Per month Rs. 57,780.– 54,590.– 46,120.–
 2 Special Allowance Per month Rs. 1,000.– 1,000.– 1,000.–
 3 Housing Facility Per month Rs.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2076

Certification and Publication Date
2076.09.28

Amending Acts

1. Nepal Police and Provincial Police (Operation, Supervision and Coordination) (First Amendment) Act, 2079 2079.03.31

Act Number 17 of the Year 2076

An Act Made to Provide for the Operation, Supervision and Coordination of Functions Performed by Nepal Police and Provincial Police

Preamble: Whereas, it is desirable to make necessary provisions relating to the operation, supervision and coordination of functions performed by Nepal Police and Provincial Police,

The Federal Parliament has enacted this Act. Chapter 1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2076".

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

(a) "Prescribed" or "as prescribed" shall be understood as prescribed or as prescribed in the rules made under this Act.

(b) "Nepal Police" shall be understood as the organization of police employees serving in the Nepal Police service established pursuant to the federal law, and the said term also denotes police employees serving in Nepal Police.

(c) "Provincial Police" shall be understood as the organization of police employees serving in the Provincial Police service established pursuant to this Act and the provincial law, and the said term also denotes police employees appointed, adjusted or deployed and serving in the Provincial Police.

(d) "Provincial Ministry" shall be understood as the ministry dealing with internal affairs of the province.

(e) "Police employee" shall be understood as a police employee serving in Nepal Police and Provincial Police.

(f) "Ministry" shall be understood as the Ministry of Home Affairs of the Government of Nepal. Chapter 2
Functions, Duties and Powers of Nepal Police

3.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

Chapter 2
Functions, Duties and Powers of Nepal Police

3. Functions, Duties and Powers of Nepal Police: The functions, duties and powers of Nepal Police shall be as follows:-

(a) To maintain peace and security in the country and to prevent and control crime,

(b) To provide security to important persons, places, bodies, projects of national importance, international airports, national highways, roads and foreign diplomatic missions as specified by the Government of Nepal,

(c) To collect necessary intelligence relating to public security arrangements, crime, communal or social hatred or any form of extremism, to make such intelligence available to the Government of Nepal, and to be mobilized immediately as necessary for its control,

(d) To maintain coordination among the relevant bodies for crime prevention, control and investigation and to garner necessary assistance in that regard,

(e) To exchange coordination and mutual assistance at international and regional levels concerning crime prevention, investigation and control with the approval of the Government of Nepal,

(f) To be mobilized in any disaster-affected area for disaster management related work including rescue, relief and rehabilitation during times of disaster and to make necessary coordination,

(g) To collect, analyze and assess information on the security situation across the country and adopt necessary security measures,

(h) To arrange for the provision of weapons, ammunition and means of communication for the professional performance and organizational needs of Nepal Police and Provincial Police,

(i) To contribute to the promotion of good governance by protecting fundamental human rights, maintaining peace, order and tranquility,

(j) To participate in United Nations Missions and other international missions related to peacekeeping, subject to the policy directives of the Ministry, and to also make Provincial Police participate in such work,

(k) To maintain national records regarding crime,

(l) To assist in enhancing the efficiency of Provincial Police by making arrangements for training, and providing assistance in matters including equipment, technology, forensic science, as well as to assist in capacity building of Provincial Police,

(m) To provide necessary assistance on matters where assistance is requested from Provincial Police,

(n) To take stock of peace and security, to exchange information regarding threats, challenges and risks related to peace and security with Provincial Police, to provide necessary advice and suggestions to Provincial Police, and to depute police employees as necessary after informing Provincial Police,

(o) To perform functions relating to traffic management,

(p) To be mobilized in other special types of police operations as specified by federal law,

(q) To perform functions specified by the Government of Nepal from time to time,

(r) To perform other functions as specified by the prevailing federal law. 4.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

4. Investigation by Nepal Police: (1) Nepal Police shall investigate the following types of offenses:-

(a) Offenses against the state,

(b) Offenses relating to citizenship and passport,

Amended by the first amendment.(c) Offenses relating to immigration,

(d) Offenses relating to organized crime,

(e) Offenses relating to terrorism,

(f) Offenses relating to human trafficking and transportation,

(g) Offenses relating to cyber crime,

(h) Offenses that must be investigated by Nepal Police pursuant to federal law,

(i) Offenses committed involving the jurisdiction of more than one province for the purpose of investigation,

(j) Cross-border offenses and any offense committed outside Nepal or requiring investigation outside Nepal as well,

(k) Offenses which the Ministry orders to be investigated by Nepal Police due to being sensitive from the perspective of the seriousness of the offense, public interest or public peace and order,

(l) Offenses which any court orders to be investigated by Nepal Police,

(m) Offenses specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(2) If, in relation to any offense that must be investigated by Provincial Police, the Provincial Police makes a request stating that investigation by Nepal Police would be more effective, Nepal Police shall investigate such offense.

(3) While investigating offenses pursuant to sub-section (1) or (2), Nepal Police may seek the assistance of Provincial Police as necessary, and it shall be the duty of Provincial Police to provide assistance as so requested. Chapter 3
Provisions Relating to Provincial Police

5. Formation of Provincial Police: (1) In each province, there shall be a Provincial Police organization under the Provincial Ministry.

(2) The formation and operation of Provincial Police shall be as per the provincial law.

(3) Notwithstanding anything contained in sub-section (2), for the first time, Provincial Police shall be formed by adjusting or deploying police employees serving in Nepal Police pursuant to the federal law relating to adjustment of police employees.

(4) Until the provincial law is made pursuant to sub-section (2), the operation of Provincial Police shall be subject to this Act and as specified by the Government of Nepal.

(5) The Provincial Police organization shall be inclusive in nature. 6.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

6. Posts, Recruitment, Uniform and Training of Provincial Police: (1) The designations and hierarchy of posts in Provincial Police shall be as specified by the Government of Nepal.

(2) The qualifications required for appointment to posts in Provincial Police, recruitment procedures, examination syllabus and examination system shall be the same as those determined for police employees of equivalent posts in Nepal Police.

(3) The uniform and insignia of Provincial Police shall be as determined by the Government of Nepal, ensuring uniformity in the Provincial Police of all provinces.

(4) The uniform worn by Provincial Police may bear any insignia or logo reflecting the nationality of Nepal and the identity of the province, as determined by the provincial government.

(5) Provincial Police shall be given basic training and in-service training as required.

(6) Nepal Police may make arrangements to provide special training to Provincial Police. 7. Provincial Police Chief: (1) The Government of Nepal shall depute a Deputy Inspector General of Police of Nepal Police as the Chief of Provincial Police.

(2) A police employee deputed as the Chief of Provincial Police shall wear the uniform and insignia of Provincial Police and function as Provincial Police.

(3) Provincial Police shall perform functions under the control of the respective Provincial Police Chief.

(4) The Provincial Police Chief shall receive remuneration equivalent to that determined for a police employee of an equivalent post in Nepal Police, and facilities as determined by the provincial government, not less than the facilities received by a police employee of an equivalent post in Nepal Police.

(5) A police employee deputed as Provincial Police Chief may be transferred by the Government of Nepal, in coordination with the respective provincial government, to another province or to any body under Nepal Police. 8.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

8. Functions, Duties and Powers of Provincial Police: (1) Subject to this Act, the functions, duties and powers of Provincial Police shall be as follows:-

(a) To maintain peace, security and public order within the province,

(b) To protect the life and property of citizens within the province and to contribute to the protection of civil liberties and promotion of good governance,

(c) To collect, analyze and assess necessary intelligence relating to public security arrangements and crime prevention and to arrange necessary security measures,

(d) To provide security to important persons, places, bodies or projects within the province as specified by the Government of Nepal or the provincial government,

(e) To protect transport, buildings, structures and other public and government property within the province,

(f) To adopt necessary measures pursuant to law for crime prevention and control within the province and to garner assistance and coordination from relevant bodies for such work,

(g) To be mobilized for disaster management related work including rescue, relief and rehabilitation during times of disaster within the province and to make necessary coordination,

(h) To maintain provincial records regarding crimes committed within the province,

(i) To arrange for the security of provincial prisons, detention rooms and prisoners and detainees in prisons and detention rooms pursuant to the prevailing law Deleted by the first amendment.,

(j) To make traffic police timely and competent to make vehicular movement safe within the province and to manage traffic within the province,

(k) To arrange for regular monitoring of whether private sector security providers and security personnel within the province comply with the standards to be adopted,

(l) To perform functions relating to training and capacity building of Provincial Police,

(m) To perform functions relating to community policing,

(n) To take custody of unclaimed property and manage it pursuant to the prevailing law,

(o) To provide requested assistance in relation to offenses investigated by other bodies pursuant to the prevailing law,

(p) If transfer of accused, detainees and prisoners from one province to another is required, to coordinate and manage security for such transfer pursuant to federal law,

(q) To maintain contact, exchange information and coordinate with Nepal Police and police organizations of other provinces,

(r) To perform other functions as specified by the prevailing law.

(2) The powers conferred on Nepal Police regarding public movement pursuant to the prevailing law may also be exercised by Provincial Police pursuant to law.

(3) While using equipment related to information and communication technology, Provincial Police must use them in coordination with Nepal Police. 9.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

9. Investigation by Provincial Police: (1) Provincial Police shall investigate, pursuant to the prevailing law, offenses occurring within its province that are to be prosecuted by the Government of Nepal, except offenses investigated by Nepal Police pursuant to Section 4 and offenses investigated by other bodies or officers pursuant to the prevailing law.

(2) While investigating pursuant to this section, Provincial Police shall exercise the powers conferred on police employees for crime investigation pursuant to the prevailing law.

(3) The investigation report relating to an offense investigated by Provincial Police pursuant to this section shall be submitted to the concerned government attorney. 10. To Provide Information: (1) Provincial Police must provide information to the Provincial Ministry, Nepal Police and the Chief District Officer of the concerned district regarding intelligence collected relating to public security arrangements and crime prevention and the security measures arranged based thereon.

(2) Provincial Police must prepare a monthly report on cases investigated by it and make it available to the Provincial Ministry, Nepal Police and the Chief District Officer of the concerned district. 10A. Functions to be Performed by Nepal Police: Added by the first amendment.(1) Notwithstanding anything contained in Sections 8 and 9, Nepal Police shall perform the functions, duties and powers of Provincial Police and also investigate offenses to be investigated by Provincial Police in Kathmandu, Lalitpur and Bhaktapur districts.

(2) For the purpose of sub-section (1) and for functions performed by Nepal Police, there shall be police offices under Nepal Police in Kathmandu, Lalitpur and Bhaktapur districts.

(3) While performing functions pursuant to this section, Nepal Police shall coordinate with Provincial Police. Chapter 4
Mobilization and Supervision

11. Mobilization and Supervision of Nepal Police: (1) The mobilization and supervision of Nepal Police shall be done by the Government of Nepal.

(2) Subject to this Act, the prevailing law and the policy directives of the Government of Nepal, a higher police office may issue orders or directives to its subordinate offices regarding peace and order, crime prevention, control and investigation. It shall be the duty of every police office and police employee to comply with such orders or directives.

(3) Police employees of Nepal Police working at the district level shall be under the control and direction of the Chief District Officer of the concerned district. 12.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

It shall be the duty of every police office and police employee to comply with such orders or directives.

(3) Police employees of Nepal Police working at the district level shall be under the control and direction of the Chief District Officer of the concerned district. 12. Mobilization and Supervision of Provincial Police: (1) The mobilization and supervision of Provincial Police shall be done by the provincial government.

(2) Provincial Police shall be accountable to the provincial government regarding internal peace and security of the province.

(3) Provincial Police must work under the policies of the Government of Nepal and the provincial government and under the control of the Provincial Ministry and the Provincial Police Chief regarding maintaining peace and security in the province.

(4) Subject to this Act, the prevailing law and the policy directives of the Government of Nepal, Nepal Police may issue orders or directives to the Provincial Police Chief, and the Chief District Officer may issue orders or directives to the Provincial Police of the concerned district regarding peace and order, crime prevention and control.

(5) For maintaining peace and security within the district, the Chief District Officer may mobilize the Provincial Police of the concerned district pursuant to the prevailing law, and when so mobilized, the Provincial Police of the concerned district must work under the direction of the Chief District Officer.

(6) While mobilizing Provincial Police pursuant to sub-section (5), the Chief District Officer must work under the direction of the Provincial Ministry.

(7) When deputed for duty performance including peace security and crime investigation, a Provincial Police employee must perform functions under the direction of a superior officer.

(8) In the context of maintaining peace security, if Nepal Police and Provincial Police are mobilized jointly, Provincial Police must work under the direct control of Nepal Police.

(9) In cases where orders or directives are given pursuant to sub-section (4) and Provincial Police is mobilized pursuant to sub-section (5), the supervision of Provincial Police shall also be done by Nepal Police and the Chief District Officer of the concerned district. 13.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

13. Provincial Police of Other Province May Be Mobilized: (1) If, due to serious disturbance in a province or more than one province, possibility of disturbance, or occurrence of a disaster situation, assistance of Provincial Police of another province is also required, the concerned provincial government may make a request to the Government of Nepal for that purpose.

(2) Upon receipt of a request pursuant to sub-section (1), or if it deems necessary to mobilize police of another province to prevent disturbance in a province or to assist in a disaster situation, the Government of Nepal may issue directives to the concerned provincial government.

(3) Upon receipt of directives pursuant to sub-section (2), the concerned provincial government must depute the required number of Provincial Police of that province to another province.

(4) When Provincial Police is deputed to another province pursuant to this section, Nepal Police must make necessary coordination while mobilizing such police employees. Chapter 5
Coordination

14. Police Coordination Committee: (1) For maintaining coordination between Nepal Police and Provincial Police, there shall be a Police Coordination Committee as follows:-

(a) Minister of Home Affairs, Government of Nepal - Chairperson
(b) Ministers dealing with internal affairs of all provinces - Members
(c) Secretary, Ministry - Member
(d) Inspector General of Police, Nepal Police - Member
(e) Joint Secretary (dealing with peace security), Ministry - Member-Secretary

(2) The meeting of the committee pursuant to sub-section (1) shall be held on the date, time and place specified by the chairperson of the committee.

(3) In the meeting of the committee pursuant to sub-section (1), the Secretary of the Provincial Ministry, Provincial Police Chief and other office bearers may be invited as necessary.

(4) The procedure relating to the meeting and decisions of the committee pursuant to sub-section (1) shall be as determined by the committee itself.

(5) The functions, duties and powers of the committee pursuant to sub-section (1) shall be as follows:-

(a) To recommend to the Government of Nepal regarding the role to be played by Nepal Police to maintain peace, security and order throughout the country and by Provincial Police to maintain peace and security in the province, and regarding necessary strategies in that regard,

(b) To coordinate for the implementation of the national security policy,

(c) To identify and review policy problems seen in the operation, supervision and coordination of Nepal Police and Provincial Police and recommend to the Government of Nepal regarding measures for resolution,

(d) To resolve disputes relating to the working area between inter-provincial police,

(e) To perform other functions as prescribed. 15.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

15. Coordination Unit: (1) There shall be a coordination unit in the Police Headquarters and in the Provincial Police Office of each province.

(2) The coordination unit pursuant to sub-section (1) shall function as a contact point for the purpose of exchanging information and assistance between Nepal Police and Provincial Police, and between one Provincial Police and another Provincial Police. Chapter 6

Miscellaneous

16. Role of Police in the Context of Crime Control and Investigation: (1) Upon receiving information that an offense has been committed, is being committed or is about to be committed, Nepal Police or Provincial Police must immediately perform the following functions:-

(a) To immediately be present at such place and arrange necessary measures to prevent the offense,

(b) If the offense has been committed, to collect facts and evidence as seen and known, and if the offense is to be investigated by another body or officer, to immediately inform the body or officer responsible for crime investigation,

(c) To prevent the destruction of clues and evidence and to arrange necessary security of the crime scene,

(d) To provide necessary assistance to the investigating body or officer in the context of investigation of an offense to be investigated by another body or officer,

(e) To investigate an offense that it is required to investigate pursuant to this Act or the prevailing law and submit the investigation report to the government attorney,

(f) To perform other necessary functions for preventing an offense and for the investigation of an offense already committed and the protection of the victim.

(2) While investigating an offense, Nepal Police or Provincial Police must do so pursuant to the National Criminal Procedure Code, 2074 and other prevailing laws.

(3) In relation to an offense to be investigated by another body or officer pursuant to sub-section (1), the clues and evidence collected by Nepal Police or Provincial Police must be handed over to the body or officer concerned with the investigation.

(4) In the context of crime control and investigation, Provincial Police must work in coordination with Nepal Police as necessary. 17. Duty to Assist in the Work of Chief District Officer: It shall be the duty of a police employee to assist in the work to be performed by the Chief District Officer pursuant to the prevailing law. 18.
Nepal Police and Provincial Police (Operation, Supervision and Coordination) Act, 2019

17. Duty to Assist in the Work of Chief District Officer: It shall be the duty of a police employee to assist in the work to be performed by the Chief District Officer pursuant to the prevailing law. 18. Police Employees of Nepal Police May Be Deputed to Provincial Police: (1) In case of a shortage of Provincial Police employees in the approved organizational structure and posts of Provincial Police, the concerned Provincial Ministry may request the Ministry to depute police employees of Nepal Police.

(2) Upon receipt of a request pursuant to sub-section (1), the Ministry may depute the required number of police employees of Nepal Police to Provincial Police for a specified period.

(3) A police employee of Nepal Police deputed to Provincial Police pursuant to sub-section (2) shall be eligible for promotion in vacant posts in Nepal Police.

(4) A police employee deputed to Provincial Police pursuant to sub-section (2) may be transferred or deputed on secondment to another Provincial Police organization or to Nepal Police in coordination with the concerned Provincial Ministry. 19. Power to Arrest: (1) Nepal Police must arrest, pursuant to law, a person involved or suspected in any offense to be investigated by Nepal Police pursuant to this Act and the prevailing law.

(2) Provincial Police must arrest, pursuant to law, a person involved or suspected in any offense to be investigated by Provincial Police pursuant to this Act and the prevailing law.

(3) Notwithstanding anything contained in sub-sections (1) and (2), Nepal Police may arrest, pursuant to law, a person involved or suspected in an offense to be investigated by Provincial Police or another body or officer, and Provincial Police may arrest, pursuant to law, a person involved or suspected in an offense to be investigated by Nepal Police or another body or officer.

(4) A person arrested pursuant to sub-section (3) must be handed over as soon as possible to the body or officer investigating such offense. 20. Nepal Police to Perform Work of Provincial Police: Notwithstanding anything contained elsewhere in this Act, until Provincial Police is formed in any province, Nepal Police shall perform all the work to be done by the Provincial Police of that province. 21.