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Schedule-5 (Relating to Rule 20)

Schedule-5 (Relating to Rule 20)

Format of Detention Order
Detention Order Issued by the
Money Laundering Investigation Department
Mr./Mrs./Ms
………………………….
Whereas, the investigation and inquiry of the complaint registered in this Department on……………………(date) has to be investigated upon keeping you into Detention/as you were requested (Ordered) of a deposit or guarantee in the course of investigation or inquiry since you could not produce such deposit/guarantee, this detention order has been
issued to you pursuant to the Rule 20 of Money Laundering Prevention Rule, 2066 to keep you in the custody, with the provision of sidha, from the date.
Of the Investigation Officer
Signature:
Name:
Designation:
Date:
Copy to:-
……………………………
Concerned Jail Office

Schedule-6 (Relating to Sub-rule (2) Rule 21)

Schedule-6
(Relating to Sub-rule (2) Rule 21)
Format of the Search Notice
Notice of the Search
Mr./Mrs./Ms.
…………………………
Whereas, in the ………………………case to which Government of Nepal is  and………………………………………is/et.al are/ defendant/s in which……………………is a   complainant, there is a possibility of being kept or availability of things or materials or documents used in committing the offence or related to the officer in the building, land or
place where the accused is living or residing, therefore, this Notice is, hereby, issued in your name, to search the building, land or place.
I, hereby, request for your kind co-operation.
Of the Investigation Officer
Signature:
Name:
Designation:
Date:

Schedule-7 (Relating to Sub-rule (2) Rule 21)

Schedule-7
(Relating to Sub-rule (2) Rule 21)
Format of deed of Seizure
Notice of the Search
………………………………Deed of Seizure of (building, land, place, material, commodity,
thing, or from the human body).
1. Brief of the complaint:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
2. Details of searching of the personnel to be involved in the search process:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
3. Details of the things, commodity, material and details and four boundaries place,
land or building:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………..
4. Details of the seized goods and materials in the course of search:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
21
5. Name, Surname, Age, Address and Signature of the Eye witness:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
6. Representative of the local body (So far possible):…………………………………………
7. Name, Surname, Ag, Address and sign of the person in whose presence deed …
prepared
(a) Police of the Department/Personnel who were engaged in the search of my
building, materials, commodities or things, first searched themselves, and
search process was done with due respect and no lose or damage of the
building or goods has been in this process; I,……………………resident
of………………….owner of building or goods/person responsible, hereby, sign
confirming this statement.
(b) Name, Surname, Address and Signature of the Accused (So far possible):-
8. Officer engaged in the search and seizure process:-
Other Police Personnel:
9. Date:-
Time:

Schedule -9 (Relating to Rule 22)

Schedule -9
(Relating to Rule 22)
Format of the Date Note
Issued by Money Laundering Investigation Department/Tour Station……… Date Note issued in the name of…………………………….
……………………..Case……………………………Year…………………………..Number ……………………………………………………
Versus
For the purpose of……………………………a date of…………………………………has been so fixed, you are request to appear before the Department on that day at………………..o’clock
Personnel issuing the Date
Signature:
Name, Surname:
Designation:
Date

Schedule- 10 (Relating to Sub-rule (1) of Rule 23)

Schedule- 10
(Relating to Sub-rule (1) of Rule 23)
Format for a Bail/Guarantee Order
By the complainant of…………………….versus, Government of Nepal -Plaintiff
………………………………………………………………./Defendant
Case:………………………
1. Summary of the case
2. Grounds, reasons and Legal Provision for demanding the bail or guarantee
3. Demanded Bail Amount:
By the Order of
Signature:
Name, Surname:
Designation:
Date:

Schedule-11 (Relating to Sub-rule (2) of Rule 23)

Schedule-11 (Relating to Sub-rule (2) of Rule 23)

A Deed of providing bail/guarantee
To Money Laundering Investigation Department,
…………………………………………………….
Whereas, I acknowledge the order for demanding the bail made on……………………(date) by this Department. I shall appear on such place or date as appointed by the Department. I, hereby, agree, to confiscate the bail amount or guarantee or to recover from any other my property if it is not so recovered from the guarantee, in case, I don not so appear pursuant to umber 124 and No. 124A of the General Code (Muluki Ain), accordingly.
……………………..
Signature:
Name, Surname, Address:
Father’s Name:
Grandfather’s Name:
Contact Address:

Schedule-12 (Relating to Sub-rule (2) of Rule 23)

Schedule-12
(Relating to Sub-rule (2) of Rule 23)

A Deed of providing guarantee by any other person with regard to bail or guarantee Whereas, I, hereby, acknowledge the order issued by the Money Laundering Investigation Department in the name of……………………Grandson of……………………., son of……………who is a resident of……………….. As he/she is unable to make the bail/guarantee on his/her own as demanded by the Department. So I, hereby, agree to make the bail/guarantee the same on his/her behalf. In case, he/ she does not appear before the Department on such a place or date as appointed by the Department, I agree to confiscate the property which I have made available for bail/guarantee and I also do agree
to recover from my any other property, the due to be paid by him/her is not recovered from the said property.
………………………..
Signature
Name, Surname and Address of the Guarantor
Father’s Name:
Grandfather’s Name
Contact Address:

Schedule-13 (Relating to Sub-rule (2) of Rule 25)

Schedule-13 (Relating to Sub-rule (2) of Rule 25)

Money Laundering Investigation Department
An Ordering regarding Freezing of Property/Account
Mr./Mrs./Ms
…………………………….
Whereas, in relation to the complaint of………………………..registered in the Department against the person/organization and based on the evidence collected in the course of investigation of such complaint pursuant to Money Laundering Prevention Act, 2064 and Money Laundering Prevention Rules, 2066, it has become essential to freeze the Property/Account/Transaction so that no one could transfer, pledge, mortgage, sale or distribute or operate by any means; therefore, it is, hereby, requested to freeze the following Property /Account/Transaction until and unless any otherwise order is issued by this Department or Court of law so that no one could transfer, pledge, mortgage, sale, distribute or operate the property; and the same will be communicated to this Department.
Concerned Officer,-
Signature:
Name:
Date:
Copy to:
(Regulatory Authority in case of Organization)

Schedule-14 (Relating to Rule 26)

Schedule-14
(Relating to Rule 26)

Format of Investigation and Inquiry Report
1. Name and designation of the Investigation Officer and other Supports Staffs:
2. Complaint Number:
3. Date and Time of Information or Complaint:
4. Name and address of the Complainant:
5. Brief of the Complaint:
6. Date, Time and Place of Crime……………
7. Date, Time and Place of Arrest of a suspect, if any:
8. Name, Surname, Age, Address of the suspect (Put all the names in an order if the
number is more than one):
9. Brief of the statement of suspect between the Investigation Officer:
10. Place where materials relating to the offence were found:
11. Detail and description of Money Laundering:
12. Details of means, medium, instrument, machine used in the course or if any
commission of offence:
13. Name, Surname, Address of the witness and summary of his/her statement before
the Investigation Officer:
15. Material Evidence relating to the offence:
16. Analysis of the offence:
17. Grounds to establish the offence:
18. Opinion of the Investigation Officer and Pledge for punishment and reasons thereof:
19. Other essential facts:
20. Chronological arrangements of the documents:

Schedule-15 (Relating to Rule 27)

Schedule-15
(Relating to Rule 27)

(Format of the Charge-sheet)
Produced before the…………………………………………………Court
To be registered pursuant to Sub-section (2) of Section 22 of
the Money Laundering Prevention Act, 2064
Charge-Sheet
Number of the year…………….
Government of Nepal (Complainant……………………………….) Plaintiff
Versus
1. …………………………………………………………
2. ………………………………………………………..Defendant
3. …………………………………………………………..

Case:
1. Detail of the case:
(1)
(2)
(3)
2. Law violated by the accused:
3. Charge/and Claim against the accused:
4. Punishment to be imposed to the accused:
5. In case the accused has supported in the course of investigation or inquiry
pursuant to Section 44 of the Act; details of the same and proposed remittance in
penalty:
6. Evidence:
7. Material evidence and other materials related with the other:
8. Proceeds of crime or other materials having evidential value with the offence:
9. Witness:

Eyewitness:
(a)
(b)
(c)
(d)
10. Documents so produced:
(a)
(b)
(c)
It is hereby requested to the Court to proceed the case.
On behalf of the Department, the
Investigation Officer
Signature:
Name:
Designation:
Date:
Seal of the Office

Schedule-16 (Relating to Rule 35)

Schedule-16
(Relating to Rule 35)

Oath
I … … … … … … … … … pledge with truth and dedication take oath in the name of God that I will perform the role and duty under the designation of ………….of the Money Laundering Investigation Department which I deserved by being honest with the existing laws without fear, flattering, prejudice, malice or greed with the honesty and will not
disclose any known fact during the discharge of duty on any condition of holding or non holding post to anyone except so required while abiding law.
Details of the person taking Oath Authority Certifying the Oath
Name, Surname: Name, Surname:
Signature: Signature:
Date: Date:
Designation: Designation:

Amendments

Amendments:

1. Armed Police (First Amendment) Rules, 2060(2004) 2060.11.28(11 March. 2004)
2. Armed Police (Second Amendment) Rules, 2063(2006) 2063.4.15(31 July 2006)
3. Armed Police (Third Amendment) Rules, 2063(2007) 2063.10.19(2 Feb. 2007)
4. Armed Police (Fourth Amendment) Rules, 2064(2007) 2064.8.3(19 Nov. 2007)
5. Armed Police (Fifth Amendment) Rules, 2065(2009) 2065.12.31(13 April 2009)
In exercise of powers conferred by Section 36 of the Armed Police Force Act, 2058 (2002), the Government of Nepal has framed the following Rules.

Chapter – 1 Preliminary

Chapter – 1
Preliminary

1. Short Title and Commencement:

(1) These Rules may be called as “Armed Police Force Rules, 2060 (2002)”.
(2) These Rules shall come into force immediately.

2. Definitions: Unless the subject or the context otherwise requires, in these Rules,-
(a) “Act” means the Armed Police Force Act, 2057 (2001).
(b) “Headquarters” means Armed Police Headquarters.
(c) “Armed Police Personnel” means Senior Armed Police Constable, Armed Police Constable, Armed Police Assistant Constable and Armed Police Personnel.
(d) “Recruit” means an Armed Police Personnel in the training period having newly appointed.
(e) “Promotion Committee” means promotion committee as referred to in Rule 33.
(f) “Family” means husband, wife, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or step mother whom the Armed Police-personnel himself or herself has to
maintain and subsist and this term also includes grand-father, grand-mother in the case of male Armed Police and father-in-law, mother-in-law in the case of a female Armed Police

Chapter- 2 Class, Post and Office of Armed Police

Chapter- 2
Class, Post and Office of Armed Police

3. Class and Post of the Armed Police:

(1) There shall be the following
classes in the Armed Police Service:
Gazetted Non-Gazetted
Special class First class
First class Second class
Second class Third class
Third class Fourth class.
(2) There may be following posts in the classes as referred to in
Sub-rule (1):
Gazetted Special class – Inspector General and Additional Inspector General of the Armed Police.
First class – Deputy Inspector General and Senior Superintendent of the Armed Police.
Second class – Superintendent and Deputy Superintendent of the Armed Police.
Third class – Inspector of the Armed Police. Non-Gazetted
First class – Senior Sub-Inspector of the Armed Police. – Deputy Inspector of the Armed Police.
Second class – Assistant sub-Inspector of the Armed Police.
Third class – Senior Constable of the Armed Police, Constable of the Armed Police and Assistant Police Constable of
the Armed Police.
Fourth class – Armed Police Personnel and Recruit

(3) There may also be different technical posts, peons or classless posts or equivalent thereto in different classes of the Armed Police service.

4. Offices and Chiefs of Office of Armed Police Force:

(1) There shall be the following chiefs of offices in the following offices of the  Armed Police Force:
(a) Armed Police Force Headquarters Inspector General of the Armed Police
(b) Armed Police Force  Training Institute Additional Inspector General of the Armed Police or Deputy Inspector General of the Armed Police
(c) Regional Armed Police Force Brigade Deputy Inspector General of the Armed Police
(d) Armed Police Force Training College Senior Superintendent of the Armed Police.
(e) Armed Police Force Ukti Training College Senior Superintendent of the Armed Police.
(f) Armed Police Force Special Task Force Superintendent of the Armed Police.
(g) Armed Police Force Assistance and Service Directorate
(h) Armed Police Force Battalion Deputy Inspector General of the Armed
Police or Senior Superintendent of the Armed Police
(i) Armed Police Force Training Center Senior Superintendent of the Armed Police or Superintendent of the Armed Police
(j) Armed Police Force Border Security Office Superintendent of the Armed Police
(k) Armed Police Force Gulm Deputy Superintendent of the Armed Police

(l) Other Armed Police Offices as may be  prescribed by the Government of Nepal from time to time
(2) The Government of Nepal may, by a Notification in the Nepal Gazette, make alteration in the offices and posts of chief of office as set forth in Sub-rule (1)

Chapter – 3 Fulfillment of Posts of the Armed Police

Chapter – 3
Fulfillment of Posts of the Armed Police

6. Fulfillment of Post of the Armed Police Service:

(1) The following  posts of the Armed Police Service shall be fulfilled in the following
manner:
Posts By open competition( in percent) By promotion (in percent)
(a) Armed Police Peon or equivalent thereto 100% ×
(b) Armed Police Personnel  100% ×
(c) Assistant Constable of the Armed Police × 100%
(d) Constable of the Armed Police × 100%
(e) Senior Constable of the Armed Police × 100%
(f) Assistant Sub- Inspector of the Armed Police. 25% 75%
(g) Police Sub-  Inspector of the Armed Police × 100%
(h) Senior Sub- Inspector of the Armed Police × 100%
(i) Inspector of the Armed Police 60% 40%
(j) All posts above the Armed Police Inspector × 100%
(2) Notwithstanding anything contained in Sub-rule (1), the technical posts of the Armed Police shall be fulfilled through the open competition or promotion as may be determined by the Government of Nepal.
(3) Notwithstanding anything contained in these Rules, in order to make inclusive the Armed Police Service, Forty-Five percent posts of the posts to be fulfilled by open competition shall be set aside and be  filled up by having separate competition between the following candidates only, by considering the percentage into cent percent:
(a) Women -Twenty Percent
(b) Adiwasi/Janjati -Thirty Two Percent
(c) Madhesi -Twenty Eight Percent
(d) Dalit – Fifteen Percent
(e) Backward Area -Five Percent Explanation:
(1) For the purposes of Clauses (a), (b),
(c) and (d) of this Sub-rule, “women, Adiwasi/Janajati, Madhesi, and
Dalit” means women, Adiwasi/Janajati, Madhesi, and
Dalit who are backward economically and socially.
(2) For the purposes of this Sub-rule, “backward area” means Accham,
Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla
districts.
1(4) For the purposes of the fulfillment of posts pursuant to Sub-rule (3), the description of the women, Adiwasi/Janajati, Madhesi and Dalit community who are backward economically and socially shall be as specified by the Government of Nepal in the Nepal Gazette. Provided that, any women, Adiwasi/Janajati, Madhesi and Dalit community shall be deemed to be backward economically and socially until so specified.
(5) In submitting an application for the posts set aside pursuant to Sub-rule (3), the following evidences have to be attached:
(a) In the case of Adiwasi/Janajati, certified by the Nepal Foundation of the Development of Indigenous
Nationalities as Adiwasi/Janajati,
(b) In the case of Dalit, certified by the National Dalit Commission as Dalit,
(c) In the case of Madhesi, certified by the organization as specified by the Government of Nepal by a notification in
the Nepal Gazette as Madhesi,
(d) In the case of backward area, a recommendation by the concerned Village Development Committee or
Municipality that he concerned person has permanently resided in any district set forth in Sub-rule (3) and
obtained the citizenship certificate from the concerned district and has resided permanently in the same place at
the time of making application.
2(6) While determining the percent pursuant to Sub-rule (3), if there is a fraction that is less than One percent, the fraction shall continue to pass on to the immediately next community of the community in respect of which such fraction has resulted. 3(7) If no application is made for posts set aside pursuant to Subrule (3) or the posts cannot be fulfilled because of a required number of candidates could not succeed, then such shortfall number of posts shall be fulfilled from the candidates for open competition as referred to in
Sub-rules (1) and (2).
6. Restriction in fulfillment of posts: Any posts of the Armed Police Service shall not be fulfilled in any other manner except as provided in these Rules.
(2) Salary and other allowances shall not be paid unless the pay roll has been passed from the Police Records Keeping Office in the case of Armed Police working in the Headquarters and offices located in the valley and from the Funds and Accounts Comptroller Office in the case of Armed Police of the other offices.
7. Appointment to the post of Armed Police Service: The following  authority shall appoint to the following post of the Armed Police:
(a) To the Gazetted Post, the Government of Nepal.
(b) To the post of Senior Sub-Inspector of the Armed Police, Sub- Inspector and Assistant Sub-Inspector of the Armed Police, Inspector General of the Armed Police.
(c) To the Sub-Inspector of the Armed Police, Deputy Inspector General of the Armed Police or the Armed Police Officer senior to that post,
(d) To the post of Senior Constable of the Armed Police, Constable of the Armed Police, Assistant Constable and Police Personnel of the Armed Police, Superintendent of the Armed Police or Armed Police Officer senior to that post.
(e) To the post of Armed Police Peon or equivalent thereto, Deputy Superintendent of the Armed Police or Armed Police Officer senior to that post.
8. Necessary qualification for getting appointed to the Armed Police Service :

(1) The following qualifications shall be required in order to be appointed to the following post of the Armed Police Service
to be fulfilled through open competition :-
(a) For the Armed Police Inspector:
(1) having completed the age of Twenty One years and not crossed the age of Twenty Four years on the day of publication of the advertisement,
(2) having obtained Bachelor degree or equivalent thereto from any recognized university,
(3) having obtained the Nepalese Citizenship Certificate,
(4) having at least Five feet Two inches height,
(5) chest having Thirty One inches in normal position and thirty three inches while getting inflated,
(6) eyes not having weaker than plus or minus two,
(7) having obtained fitness certification by a physician as prescribed by the Headquarters,
(8) having obtained good character certificate from the educational institution of own study and other Two serving gazetted officers of the Government of Nepal, except own relatives,
(9) having not been convicted by the court of law of a criminal offence involving moral turpitude,
(10) having not been involved in politics,
(11) having not obtained the membership of an organization with destructive objective,
(12) having not been dismissed from the service,
with being disqualified for the governmental service in the future generally.
(b) For Armed Police Sub-Inspector:
(1) having completed the age of eighteen years and not crossed the age of Twenty Two years as on the day of publication of the advertisement,
(2) having obtained certificate level degree or equivalent thereto from any recognized university,
(3) having obtained the qualifications as referred to in Clause (a) above.
(c) For Armed Police Personnel and Armed Police Peon or equivalent thereto:
(1) having completed the age of eighteen years and not crossed the age of Twenty Two years as on the day of publication of the advertisement for Armed Police personnel and having completed the age of Sixteen
years and not crossed the age of Twenty Five years as on the day of publication of the advertisement for the Armed Police Peon or equivalent thereto,
(2) having the qualification of reading and writing generally, in the case of Armed Police Personnel…………4 and Armed
Police Peon, (3) chest having Thirty inches in normal position and Thirty Two inches while getting
inflated,
(4) having obtained the qualifications as referred to in Clause (a) above.

4 Amended by the First Amendment.
(2) Notwithstanding anything contained in Sub-rule (1), a person working in the Armed Police Service may become the candidate for the posts of the Armed Police Service to be fulfilled through open competition until the attainment of the age of Thirty years.
(3) Educational qualification and other qualification for the technical post of the Armed Police Service shall be as prescribed by the Commission

Chapter- 4 Functions, Duties and Powers of the Armed Police Service Commission

Chapter- 4
Functions, Duties and Powers of the Armed Police
Service Commission

9. Mode of examination to be given by the Commission: The examination to be given by the Commission for the fulfillment of vacant posts in the Armed Police Service may be conducted in any one or more manners as mentioned below:
(a) Preliminary physical examination,
(b) Tolerance and hurdle crossing,
(c) Health check-up,
(d) Practical examination.
(e) Written examination,
(f) Interview, and
(e) Other manner as prescribed by the Commission.

10. Provision relating to curriculum of the examination: The curriculum of the examination to be given pursuant to Rule 9, allotment of marks, and method of evaluation shall be as determined by the Commission.

11. To advertise for competition:

(1) The Commission shall publish or cause to publish advertisement for the competition to fulfill the posts
falling vacant in the Armed Police Service in newspapers or other means of communications to be circulated in different parts of Nepal, setting out necessary details.
(2) In the advertisement to be published pursuant to Sub-rule (1) the following things, among others, shall have to be set out:
(a) Method of examination.
(b) Time limit of at least fifteen days5 for making application.

(3) Any candidate desiring to participate in the competition pursuant to Sub-rule (1) shall have to submit the application form to the place and in time as prescribed in the advertisement along with the examination fee as prescribed.

(4) If any applications submitted pursuant to Sub-rule (3) is found to be in due form upon scrutiny by the Commission, the concerned candidate shall be given an admission card. Provided that, no any action shall be taken on the application not accompanied by the examination fee and not set out other details as mentioned in the advertisement or not submitted within the time limit as prescribed by the commission.

(5) The examinations to be given pursuant to these Rules shall be conducted in the centers as prescribed by the Commission.

5 Amended by the Third Amendment.
(6) Generally, the advertisement published pursuant to Sub-rule
(1) shall not be cancelled. Provided that, if any incidental difficulty occurs, the Commission may cancel or postpone the published advertisement. Except in the case of such postponement or if the application of any candidate has been
rejected, the examination fee paid by a candidate to the Commission shall not be returned back.

12. Examination or Advertisement may be cancelled: If any kind of disorder or irregularity occurs in the examination center while conducting any examination by the Commission or the examination could not be conducted fully or partly in one or all centers due to the cause of any obstruction or hindrance, the Commission may cancel the
examination of that day or all examination of the concerned advertisement setting out the reason thereof.

13. Level of Examination: The level of examination to be conducted by the Commission and pass percentage of each paper shall be as prescribed by the Commission.

14. Practical Examination: In taking the practical examination, the Commission may send the concerned candidate to any other office or institution equipped with the means for such examination. In so taking   the practical examination the commission may also take the cooperation of expert of the concerned subject. The level and pass percentage of the practical examination shall be as prescribed by the Commission.

15. Selection:

If there are not sufficient candidates for written or practical examinations according to the number of post to be filled up or it is impossible to take such examination due to any other reason or it has not been found necessary to take such examination for any particular post, the Commission may select the candidate through other method as
the situation required.

16. Publication of list of successful candidates: The Commission shall publish the name list of the candidates, who have obtained more marks having passed the written or practical examination or who has been found more qualified out of the candidates, in the proportion of vacant  post as prescribed by the Commission, for the information of the
concerned candidate.

17. Formation of Interview Committee:

(1) The Commission shall, from
time to time, form an interview committee to take interview of the candidate whose name has been included in the list pursuant to Rule 16, and the person as prescribed by the Commission shall preside over the committee.

(2) The Rules of procedure of the interview committee as referred to in Sub-rule (1) shall be as prescribed by the Commission.

18. Nomination of expert or specialist: The Commission may nominate the required expert or specialist for the work to be performed by it under this Rule.

19. Provision relating to remuneration: The expert, examiner, member of the interview committee or other person related with the examination to be conducted by the Commission shall be provided with such remuneration as prescribed by the Commission.

20. To prepare merit list: The merit list shall be prepared by adding the marks secured by a candidate who has appeared in the examination and marks as prescribed by the Commission for the division of the educational qualification as mentioned in the advertisement in the case of open competition conducted by the Commission pursuant to Rule 9.

21. To enquire into conduct: An inquiry shall have to be made as to whether or not a candidate to be freshly appointed to the Armed Police Service has been convicted of any criminal cases involving moral
turpitude or whether or not he or she has been a member of an organization having destructive objectives or whether or not he or she has been a member of any political party and if it has been found that the same has not been occurred, only such person shall be appointed to the post of the Armed Police Service.

22. To recommend as per the merit order : (1) In making recommendation of the name of a candidate for appointment, the Commission shall recommend as per the merit list prepared pursuant to Rule 20 and as per the demand made for the fulfillment and the appointing authority shall have to appoint the recommended person
within one month in the case of gazetted Officer and Fifteen days in the case of non-gazetted, on the basis of the merit as recommended by the Commission and the information of appointment shall have to be given
to the concerned candidate and commission through the fastest means.

(2) In making recommendation pursuant to Sub-rule (1) the name list of the alternative candidate up to the per cent, as prescribed by the Commission, of total vacant post as per the merit shall have to be published.

(3) The candidates whose names are included in the alternative list pursuant to Sub-rule (2) shall be appointed as per the merit only in the following circumstances:

(a) If the recommended candidate does not receive the appointment letter within Thirty days of the
publication of notice or of receiving the notice of appointment;

(b) If the post falls vacant due to the death of a recommended candidate or resigns or he or she has
been appointed to the upper post within his or her probation period;

(c) In fulfilling the post falling vacant under the circumstance as referred to in Clauses (a) and (b),
the appointing authority shall appoint the candidate from the alternative list and give the information
thereof to the Commission setting out the reason why the post has fallen vacant.

(4) Notwithstanding anything contained in Sub-rule (3) no alternative candidate shall be appointed after the expiry of the period of One year of the recommendation made by the Commission.

23. Review may be  made: If the Commission has sent the recommendation for new appointment and if it is required to get back the recommendation, before giving the appointment letter, due to the reason of wrong description given by the recommended candidate, the Commission may publish another notice of merit list for recommendation by cancelling the first mentioned recommendation indicating the reason thereof.

24. To maintain secrecy: All types of records related with the examination to be given by the Commission shall be kept secretly.

25. To take oath: Every Armed Police personnel appointed for the first time shall have to take an oath in the format as prescribed in Schedule- 1.

26. Personal details form: (1) Every Armed Police personnel appointed for the first time shall have to fill up three copies of the personnel details form in the format as prescribed in Schedule-2.

(2) The following offices shall keep record of the personal details of the following Armed Police personnel shall be kept in the following offices:
(a) In the Police Records Keeping Office of the Armed Police personnel of all levels.
(b) In the Ministry of Home Affairs and Headquarters of the personnel from Armed Police Assistant
Inspector up to Armed Police Inspector General.
(c) In the concerned Regional Headquarters of all level Armed Police personnel of the concerned region.

(3) The liability of keeping up-to-date records of all description including transfer, promotion, departmental action shall be of the Record Keeping Office pursuant to Sub-rule (2).

27. Probation period: In newly appointing to the permanent post of the Armed Police Service one shall be kept in a probation period of one year from the date of completion of the training period. If the work and activities found to be unsatisfactory during the probation period or if one fails in the Armed Police basic, Armed Police technical or recruit
training as prescribed in these Rules, the appointment of such person shall be cancelled. If the appointment of any Armed Police personnel is not so cancelled, the same shall ipso facto be valid after the completion
of the probation period.

28. To maintain seniority: In maintaining the seniority of Inspector of the Armed Police and Assistant Inspector of the Armed Police, whose appointment has been validated upon the completion of the probation  period pursuant to Rule 27, the same shall be maintained on the basis of the marks secured by them in the Armed Police Officer’s Basic Training.

29. Annual report: The Commission shall have to submit the annual report of works done by it to the Government of Nepal, Ministry of Home Affairs.

 

3. Formation of the Board

3. Formation of the Board:

(1) A Board to be named as the District Hospital Development Board is, hereby, formed.
(2) The Board referred to in Sub-section (1) shall consist of the following members:
(a) A person nominated by the Government of Nepal -Chairperson
(b) Concerned Mayor or President of the Municipality or Village
Development Committee where the -Member  hospital is located
(c) Representative of the District Development Committee -Member
(d) Officer level representative of District Administration Office -Member
(e) Chairperson of the Chamber of Commerce and Industry -Member
(f) President of the District Red Cross Society -Member
(g) Woman representative of the concerned ward where the hospital is located\ -Member
(h) A person nominated by the Board from amongst women who is involved in the health service -Member
(i) Medical Superintendent of the Hospital -Member Secretary
(3) The tenure of office of the members as referred to in Clauses (a) and (h) of Sub- section (1) shall be Two years.
(4) The Government of Nepal may, if it considers so necessary, alter the number of members of the Board by a Notification in the Nepal Gazette.
(5) The Board may, if it considers so necessary, may invite any officer of the Government of Nepal or any other expert to attend its meeting as an observer.

Chapter – 5 Transfer, Deputation and Promotion

Chapter – 5
Transfer, Deputation and Promotion

30. Power to transfer and depute:

(1) The Armed Police shall generally be transferred on rotational basis in various areas on the unit wise basis.
Explanation: For the purposes of this Sub-rule, the unit-wise transfer means the transfer of all Armed Police serving in a battalion, gulm and other offices equivalent thereto.

(2) Notwithstanding anything contained in Sub-rule (1), the Armed Police may be transferred or deputed as follows:

(a) If any Armed Police, showing a reason, intends to leave the office where he or she is serving and to be transferred to another Armed Police office and makes an application to the office where he or she is serving and such an office has made recommendation for the transfer and the Armed Police office where he or she intends to be transferred to gives consent,
(b) If the Headquarters thinks necessary for any technical post or special work.

(3) The following authority shall have the power to transfer and depute to an Armed Police:
(a) The Government of Nepal, in the case of the Senior Superintendent of the Armed Police and Officer
above the said level,
(b) Inspector General of the Armed Police, in the case of the Deputy Superintendent of the Armed Police,
and Armed Police below that level,
(c) Deputy Superintendent of the Armed Police, in the case of Deputy Inspector of the Armed Police and
the Armed Police below that level within own region,

(4) Generally, no Armed Police shall be posted more than eighteen months in the sensitive area and more than Three years in the same place.

31. Acting, ad interim and officiating provision: (1) If any obstacle occurs in day-to-day function of the office due to falling vacancy of any post of the Armed Police Service, work may be caused to be done by making appointment as acting to that post.

(2) In appointing as acting pursuant to this Rule, acting appointment shall be given only to the Armed Police who has secured highest marks for promotion, out of the Armed Police one level below than that post.
(3) Any Armed Police personnel who has been appointed as acting to the post shall have the right to use the insignia of and exercise all powers of the said post.
(4) The following authority shall appoint as acting to the following post of the Armed Police:
(a) The Government of Nepal to the post of gazetted level Armed Police,
(b) Inspector General of the Armed Police to the post   of non-gazetted level of the Armed Police.

(5) If the post of office-in-charge falls vacant for more than one month due to any reason and no one has been appointed as acting to such post, the office-in-charge of senior to such office may prescribe any Armed Police personnel working below the said vacant post shall work being as acting for that post. In prescribing as acting in such a manner, the notice thereof shall have to be given to the Armed Police Headquarters.
Provided that, generally, no acting shall be deputed to the post of non-gazetted level of the Armed Police.

(6) In prescribing as acting pursuant to Sub-rule (5) acting shall be prescribed to the senior most Armed Police personnel serving in lower post.

(7) Any Armed Police who has been designated to act as acting shall have the right to exercise all powers of such acting post.

(8) In cases where no acting or aid interim has been prescribed and the office-in-charge absents not exceeding one month due to any reason, the senior most Armed Police of the same office shall perform the functions of that post as officiating.

(9) Any Armed Police acting as ad interim, officiating or acting in any post shall receive salary, allowance and ration of the post in which he or she is acting as ad interim, officiating or acting. Provided that, no kind of salary, allowance and ration shall be given for being ad interim, officiating or acting up to fifteen days and in the case of being ad
interim, officiating or acting for more than fifteen days’ salary, allowance and ration for the entire period of such ad interim, officiating or acting shall be given.

(10) The amount of salary and allowance to be received by an Armed Police for being prescribed ad interim, officiating or acting shall not exceed the amount of salary to be received by him or her upon the promotion to such post.

(11) The salary, allowance and ration pursuant to Sub-rule (9) shall be given from the office where he or she has been ad interim, officiating or acting.

32. Authority to make promotion: (1) In promoting to the post of Inspector General of Armed Police, the Government of Nepal shall make promotion to the post of Inspector General of Armed Police, to such appropriate candidate on the basis of ability to perform the work, capacity to bear the responsibility, experience to provide leadership and the ability to encourage and mobilize the Armed Police under own self,
from amongst the Additional Inspector General of Armed Police, and in the case of not having such Additional Inspector General of Armed Police from amongst the Deputy Inspector General of Armed Police.

(2) In promoting to the post of Additional Inspector General of Armed Police, the Government of Nepal shall make promotion to the post of Additional Inspector General of Armed Police, to such appropriate candidate on the basis of ability to perform the work, capacity to bear the responsibility, experience to provide leadership and
the ability to encourage and mobilize the Armed Police under own self from amongst the Deputy Inspector Generals.

(3) Except in the case of the Inspector General of Armed Police and Additional Inspector General of Armed Police, the following authority shall have the right to promote to other posts of the Armed Police Service on the recommendation of the Promotion Committee:
(a) The Government of Nepal, in the case of the post of the Deputy Inspector General of Armed Police and
to the Gazetted Officer level posts below the same,
(b) Inspector General of Armed Police, in the case of the post of Senior Sub-Inspector and Sub-Inspector
of Armed Police,
(c) Deputy Inspector General of Armed Police or Armed Police Officer of higher level, in the case of the post
of Assistant sub-Inspector of Armed Police,
(d) Superintendent of Armed Police or Armed Police Officer of higher level, in the case of the post of
Senior Constable, Constable and sub-Constable of Armed Police.

33. Promotion committee: There shall be a promotion committee consisting of members, as mentioned below, to recommend for promotion to be made to the following posts:
(a) For the post of Deputy Inspector General of Armed Police/ Senior Superintendent of Armed Police,-
(1) Secretary, Ministry of Home Affairs – Chairperson
(2) Inspector General of Armed Police – Member
(3) Additional Inspector General or Deputy Inspector General of
Armed Police – Member-secretary.
(b) For the post of Superintendent, Deputy Superintendent and Inspector of Armed Police,-
(1) Inspector General of Armed Police – Chairperson
(2) Joint Secretary, Ministry of Home Affairs – Member
(3) Deputy Inspector General of Armed Police – Member-secretary
(c) For the post of Senior Deputy Inspector and Assistant sub-Inspector of Armed Police,-
(1) Deputy Inspector General of Armed Police – Chairperson
(2) Senior Superintendent of Armed Police – Member
(3) Superintendent of Armed Police – Member-secretary
(d) For the post of Assistant sub-Inspector of Armed Police,-
(1) Senior Superintendent of Armed Police – Chairperson
(2) Superintendent of Armed Police – Member
(3) Deputy Superintendent of Armed Police – Member-secretary.
(e) For the post of Senior Constable, Constable and Sub-Constable of Armed Police,-
(1) Deputy Superintendent of Armed Police – Chairperson
(2) Inspector of Armed Police – Member
(3) Senior Deputy Inspector or Sub
Inspector of Armed Police – Member-secretary

34. Service period required to become the candidate for promotion:

(1) The following minimum service period in the one level lower post than the post to promote shall be required in order to be promoted:
(a) Four years for the class of gazetted Officer level,
(b) Four years in the post of Senior Deputy Inspector of Armed Police or Six years in the post of Deputy
Inspector of Armed Police for promotion from the non-gazetted post to the gazette post,
(c) Two years for the class of non-gazetted level.
(2) Notwithstanding anything contained in Sub-rule (1) the limitation of minimum service period shall not be applied to get promoted to the following post and in the following circumstance:
(a) For promotion to the post of Deputy Inspector General of Armed Police or to a higher post,
(b) For the promotion of the incumbent army of the Royal Nepal Army and the incumbent police of the
other police services who have been transferred pursuant to Section 16 of the Act to one level
higher post for one time,
(c) For the promotion of a non-gazetted Armed Police who has done an extra-ordinary or courageous or
bold work to the higher post.

35. Restriction to become potential candidate: Notwithstanding anything contained in Rule 34, no Armed Police shall be a potential candidate for promotion in Armed Police during the following period:

(a) If suspended, during the period of such suspension, (b) If the promotion is withheld, during the period of such
withholding,
(c) If demoted to a lower post, up to the period of One year of such demotion,
(d) If the grade is withheld or demoted to the lower grade or the lower time scale, during the period of up to One year of such occurrence.
(e) If reprimanded, up to One year after the date of such reprimand.

36. Basis of promotion: (1) In making recommendation by the Promotion Committee of any Armed Police for promotion, such recommendation shall be made on the basis of his or her working capacity/efficiency.
(2) In making evaluation of working capacity/efficiency of an Armed Police, a maximum of One Hundred and Twenty Five marks shall be given as follows:
(a) For the evaluation of working capacity/ efficiency -Forty marks
(b) For seniority Twenty Four marks
(c) For working in various regions of Nepal -Fifteen marks
(d) For academic qualification -Seven marks
(e) For trainings -Thirty marks
(f) Command -Nine marks

37. Evaluation of work performance:

(1) The work performance evaluation form to be used for the evaluation of work performance of an
Armed Police shall be as prescribed in Schedule-3.

(2) The division of total marks of the evaluation of work performance of an Armed Police shall be as follows:
6 Inserted by the Fifth Amendment.
(a) Maximum marks to be given by the supervisor -Eighteen marks
(b) Maximum marks to be given by the Reviewer -Twelve marks
(c) Maximum marks to be given by the Review
Committee -Ten marks

(3) There shall be a Supervisor, Reviewer and Review Committee as prescribed in Schedule 4 to evaluate the work performance of an Armed Police.

(4) In giving marks for the evaluation of work performance, the same shall have to be given on the basis as mentioned in this Rule and work performance evaluation form.

(5) The evaluation of work performance of an Armed Police shall be made annually (from the first day of the month of Shrawan to the last day of the month of Ashadh).

(6) If the supervisor has given more than Ninety-Five or less than Seventy Five of marks for the evaluation of work performance, the reason thereof shall have to set out and if less than Seventy per cent of marks has been given, information thereof shall be given to the concerned Armed Police and if he or she makes any comments, the
evaluation shall have to be sent to the Review Committee along with the reaction given by the concerned person. If the Committee is unsatisfied with the evaluation done by the Supervisor or Reviewer or both of them,
it may send back the same setting out the reason thereof. In the case of such returning back, the concerned evaluator shall evaluate the same once again or if he or she thinks unnecessary to amend the evaluation made before, then he or she shall send the same setting out the reasonable reason.

(7) While calculating marks for the purpose of work performance evaluation, average calculation of the work performance evaluation form of the latest years that are required to become the potential candidate shall be made.
Provided that, the work performance evaluation for the period of study, training, suspension, dismissal or United Nation’s Service shall be made and marks shall be given in average of the marks obtained in the  immediate year before such study, training, suspension, dismissal or United Nation’s Service.

(8) Other provisions relating to the evaluation of work performance shall be as prescribed by the Promotion Committee.

38. Evaluation of seniority: While giving marks to an Armed Police for seniority, a maximum of Twenty Four marks shall be given at the rate of Two marks for work in the present level or class each year. Provided that, while calculating the marks for seniority of less than One year, the same shall be made pro rata.

39. Evaluation of experience of work done in different regions: (1) The Government of Nepal may classify Nepal into the following regions for the purpose of Clause (c) of Sub-rule (2) of Rule 36:
(a) “A” category very sensitive
(b) “B” category sensitive, and
(c) “C” category normal.
(2) Any Armed Police, working in the following region pursuant to Sub-rule (1) shall obtain the following marks:
(a) A maximum of Fifteen marks at the rate of 2 marks for each year for work done in category “A”
(b) A maximum of ten marks at the rate of 1.5 marks for each year for work done in category “B”
(c) A maximum of five marks at the rate of 1 marks for each year for work done in category “C”
(3) In the case of service rendered by assuming the office in any group of region continuously more than Three months, marks therefor shall be given pro rata. The marks obtained for working in different categories of region shall be calculated only if the same has been  obtained at the present level or post.

40. Academic qualification: (1) The following academic qualification shall be deemed to be the minimum academic qualification for promotion to the following posts of the Armed Police Service:
(a) For the post of Deputy Superintendent of Armed Police and the post higher than that, having passed
bachelor level or equivalent thereto.
(b) For the post of Inspector, Senior Sub-Inspector and Sub-Inspector of the Armed Police, having passed
certificate level or equivalent thereto.
(c) For the post of Assistant Sub-Inspector, having passed tenth class.
(d) For the post of Senior Constable, Police Constable and Assistant Deputy Constable, having passed
eighth class.
(2) Notwithstanding anything contained in Sub-rule (1), if the officers and personnel who have been transferred from the Royal Nepal Army pursuant to Section 16 of the Act have obtained the training as follows, they shall be deemed to have obtained the academic qualification as referred to in Clause (d) of Sub-rule (2):
(a) Deputy Inspector General of Armed Police Senior Superintendent of Armed Police Superintendent of
Armed Police Command and staff college or battalion commander training or rescue or logistics  training or any training of same level or forest warfare or mountain warfare training.

(b) Deputy  Superintendent of Armed Police Battalion commander and staff training or
1. Youth officer training
2. Any one leg of battalion rescue weapons or any one training of same level on rescue or logistics or
forest warfare or mountain warfare training
(c) Armed Police Inspector First class education
(d) Senior Deputy Inspector of Armed Police Deputy Inspector of Armed Police Assistant Inspector of Armed Police

1. Second class training
2. Battalion commander training
3. Map reading
(e) Senior Constable of Armed Police
1. Patti patti training
2. Map reading training
3. Third class education
(f) Constable of Armed Police
1. Third class education
2. Billadar basic training
(g) Assistant Constable of Armed Police
1. Third class education
2. Se Mu Weapon training
(3) For the minimum academic qualification to be required for any existing post in the Armed Police Service, 7, 6.5 and 6 marks shall be given for first, second and third division, respectively.
(4) If it is not the minimum academic qualification as referred to in Sub-rule (3), 5, 4.5 and 4 marks shall be given for the first, second and third division, respectively, of one level lower academic qualification.

(5) Even if it is not the minimum academic qualification as referred to in Sub-rule (4), 3, 2.5 and 2 marks, shall be given for the first, second and third division, respectively, of the one level lower academic qualification than the same.

(6) Marks equivalent to the second division shall be given for the academic qualification not having set out the division.

41. Training: (1) No Armed Police who has not successfully completed the basic training shall not become a potential candidate for promotion and be entitled to take part in vocational/professional training, and no marks shall be given for the basic training.

(2) The basic training and vocational/professional training required for promotion to any post of Armed Police shall be as referred to in Schedule-5.

(3) In cases where training as referred to in Sub-rule (2) has not been operated to fulfill human resources required to expand the Armed Police Force has not been operated, Sub-rule (2) shall not apply for promotion in the case of the Armed Police who have been transferred pursuant to Section 16 of the Act.

(4) The Armed Police from the Armed Police Personnel to Senior Superintendent of Armed Police shall have to obtain a training of at least one subject of each group out of group “A” and group “B” under  the vocational/professional training set forth in Schedule-5 and may do any one subject from the other groups. A maximum of ten marks shall be given for training of each group.

(5) In determining marks for promotion, only the marks for the training of any one subject for each group shall be counted. Separate marks shall not be counted for trainings of more than one subject. Provided that, in counting marks in the case of the Armed Police who has obtained training in more than one subject of any group, the
maximum marks obtained by him or her shall be counted.

(6) In calculating marks for any training taken within and outside the country, of which division is not set out, marks equal to “B” class shall be provided.
Provided that, no marks shall be counted for a training of a period less than Fifteen days.

(7) Marks to be obtained by the Armed Police for the training of any subject of each group under the vocational/professional training shall be as follows:
(a) Theoretical subject Class Percentage Maximum marks to be obtained
A Eighty percent or above Ten
B Sixty-five percent or  above Nine
C Fifty percent or above Eight
D Forty percent or above Seven
(b) Practical subject Class
Percentage Maximum marks to be obtained A Eighty percent or above Nine Tra Fifty percent or above  Eight Gyna Forty percent or above Seven Explanation: If separate marks have been obtained in the theoretical and practical subjects under the vocational/professional training, the marks to be set by dividing the summation of the marks obtained by two shall be deemed to be the marks obtained and marks shall be determined accordingly.

(8) The Headquarters may conduct trainings as per the need for the promotion of Armed Police to the posts of Senior Superintendent of the Armed Police and the technical posts lower than that, and the marks for such trainings shall be counted in accordance with the provisions set forth in this Rule.

42. Evaluation of command: In taking as the basis for promotion, the Promotion Committee shall make evaluation on the basis of the evaluation of any special work for which an Armed Police employee has  been deputed or of the work performed by him or her or of a special  work done by him or her for the Armed Police organization or of the
performance of the specified work efficiently or of the work done in capacity of the chief of office.

43. Promotional Appointment: The Promotion Committee shall publish the name list of the Armed Police recommended for the promotion, and appointment shall be made in a manner that the seniority of the
promoted post is counted from the date of publication of the name list.

4. Functions, duties and powers of the Board

4. Functions, duties and powers of the Board:

The Board shall have following functions, duties and powers:
(a) To operate and manage the Hospital.
(b) To formulate or cause to formulate the long term and short term plans for the management of the Hospital.
(c) To arrange the means and resources for the operation and management of the Hospital.
(d) To approve the budget of the Hospital.
(e) To determine the service fees of the Hospital.
(f) To protect and maintain the physical property of the Hospital.
(g) To submit annual report of the Hospital to the Government of Nepal.
(h) To carry out other necessary functions for the implementation of the aforesaid functions.

5. Meetings and decisions of the Board

5. Meetings and decisions of the Board:

(1) A meeting of the Board shall be held as specified by the chairperson of the Board.
(2) If one-third members of the Board make a submission in writing for the meeting the member secretary of the Board shall call a meeting informing the chairperson thereof.
(3) In the case of the office of chairperson being vacant or the chairperson being absent, the member secretary of the Board may, as required, call the meeting of the Board.
(4) The presence of fifty percent members of the total number of members of the Board shall be deemed to constitute a quorum for a meeting of the Board.
(5) The meeting of the Board shall be presided over by the chairperson of the Board and by the person selected by the members from amongst themselves in the absence of the chairperson.
(6) The majority opinion shall prevail at the meeting of the Board; and in the event of a tie, the person presiding over the meeting shall exercise the casting vote.
(7) The decisions of the Board shall be authenticated by the member-secretary of the Board.
(8) The Board shall meet at least once in each four month.
(9) Other rules of procedures relating to the meeting of the Board shall be as determined by the Board itself.

6. Fund of the Board

6. Fund of the Board:

(1) There shall be a separate fund of the Board.
(2) The fund shall consist following amounts:
(a) Amounts received from the Government of Nepal for salary and allowances or grants for the operation of the                Hospital.
(b) Amounts received from services provided by the Hospital.                                                                                                      (c) Amounts received from other donor agency or donors.
(d) Amounts received from other sources.
(3) All expenditures of the Board shall be borne from the fund as referred to in Sub-section (1).
(4) The amount of the fund of the Board shall be deposited and operated in an account opened in the commercial bank.
(5) The fund of the Board shall be operated with the joint signature of the Medical Superintendent and account chief.
(6) Any amount received from the Government of Nepal, any foreign government or international organization shall be spent for the same programme or activity for which the amount has been received.

7. Audit

7. Audit:

(1) The accounts of the incomes and expenditures of the Board shall be maintained in accordance with the method followed by the Government of Nepal.
(2) The audit of the Board shall be performed in accordance with the prevailing laws.
(3) The Government of Nepal may, if it so desires, inspect or cause to inspect the accounts of the Board, at any time.

Chapter- 6 Salary, Allowance, Daily and Travelling Allowance

Chapter- 6
Salary, Allowance, Daily and Travelling Allowance

44. Salary and Allowance:

(1) Every Armed Police shall receive the salary and allowance from the date of assuming the office.
(2) Salary and allowance to be received for having worked in the Armed Police Service shall be as prescribed by the Government of Nepal from time to time.
(3) After having completed the service period of One year, every Armed Police shall receive salary increment, as prescribed by the Government of Nepal.

45. To receive the earned salary:

(1) Every Armed Police shall receive  the salary after the expiry of each month.
(2) The salary earned by any Armed Police shall be given to him or her, even if he or she has been disconnected from the Armed Police Service in any manner.
(3) Except as otherwise provided in the Act and these Rules, the salary to be received by any Armed Police shall not be withheld while he or she is working or on leave.

46. To deposit amount in the Employee’s Provident Fund:

By deducting the amount at the rate of Ten per cent from the monthly salary of the Armed Police and adding cent per cent amount to that amount, the Government of Nepal shall deposit the said amount in the Employee’s Provident Fund.

47. Dashain Expenses:

1) Every Armed Police personnel shall receive an amount equivalent to his or her one month’s salary being currently
drawn by him or her as the Dashain expenses every year.
(2) Every Armed Police retired from the Armed Police Service with pension shall be given an amount equivalent to his or her pension for one month as the Dashain expense.

48. Daily and travelling allowance:

(1) For the purpose of paying daily and travel allowance, the Armed Police shall be classified as follows:
(a) Senior Superintended of Armed Police and Officers above the same – First level.
(b) From Inspector upto the Superintendent of the Armed Police – Second level.
(c) From Police Personnel upto Senior Sub-Inspector of Armed Police – Third level
(d) Peon or equivalent thereto of the Armed Police – Fourth level.
(2) Every Armed Police shall receive other facility including the daily and travel allowance as prescribed in the Financial Administration Rules on the basis of categorization made pursuant to Sub-rule (1).

Chapter-7 Retirement, Gratuity, Pension and Medical Allowance

Chapter-7
Retirement, Gratuity, Pension and Medical Allowance

49. Compulsory Retirement:

(1) Retirement from the service shall be given after the attainment of the following age of the following Armed
Police or after completion of thirty years of his or her service period:
(a) Inspector General of Armed Police – 58 years
(b) Additional Inspector General and Deputy Inspector General of Armed Police – 56 years
(c) Senior Superintendent and Superintendent of Armed Police – 55 years
(d) Deputy Superintendent of Armed Police – 54 years
(e) Inspector of the Armed Police – 53 years
(f) Senior Sub-Inspector and Sub- Inspector of Armed Police – 52 years.
(g) Assistant Sub-Inspector of Armed Police – 51 years
(b) Senior Constable, Constable, Assistant Constable and Police Personnel of the Armed Police – 50 years
(i) Peon or equivalent thereto of the Armed Police – 55 years.

(2) The following Armed Police shall retain in the following post up to the following tenure from the date of promotion to such post and after the expiry of such period he or she shall be retired.
(a) Inspector General of Armed Police – 4 years.
(b) Additional Inspector General and Deputy Inspector General of Armed Police – 5 years
(c) Senior Superintendent of Armed Police – 7 years.
(d) Superintendent of Armed Police – 10 years.

(3) The Armed Police shall get retirement after the attainment of any one of the age limitation or tenure of the post.
(4) For the purpose of this Rule, the age of an Armed Police shall be calculated in the following manner:

(a) If the date of birth with year, month and day is set out in the citizenship certificate, educational qualification certificate submitted by him or her at the time of joining the service and in the sheet roll and the same date of birth is mentioned in all documents, on the basis of the date on the basis whereof he or she gets retired earlier,

(b) In setting the date of birth on the basis of a certificate indicating the year or Sambat only, on the basis of the date on which he or she retires earlier, out of the date of the receipt of the citizenship certificate in the case of the citizenship certificate, the date of issue of the educational qualification in the case of the educational
qualification certificate and the date of joining of original entry in the case of the sheet roll.

(c) If any certificate contains year only and another certificate sets out the date of birth in full, and
there is a difference of One year between the dates of birth mentioned in such certificates, on the basis
of the date of birth set in full.

(d) On the basis of Clause (b) if the difference of the dates of birth mentioned in separate certificates is
more than one year.

(5) If an Armed Police employee serving in the Armed Police Service at the time of the commencement of this Rule gets retirement because of the completion of the service period pursuant to Sub-rule
(1), pension receivable by him or her shall be counted by adding the period equal to the age that is remaining to obtain retirement pursuant to that Sub-rule to his or her service period.

50. Voluntary retirement: The Authority may grant permission to any Armed Police having completed the period for receiving the pension pursuant to Rule 54 to get retirement, if he or she desires.

51. Acceptance of resignation:

The following official shall have the authority to accept the resignation of the Armed Police:
(a) Posts of gazette officers Government of Nepal
(b) Posts of Senior Deputy Superintendent of Armed Police and Deputy Superintendent of
Armed Police Inspector General of Armed Police
(c) Post of Assistant Inspector of Armed Police Deputy Inspector General of Armed Police or officer of
higher rank
(d) Senior Constable, Constable, Assistant Constable and Police Personnel of the Armed Police
Superintendent of    Armed Police or officer of Armed Police officer of higher rank
(e) Peon or equivalent thereto of the Armed Police Superintendent of Armed Police or
officer of Armed Police officer of higher rank

52. Retirement letter:

(1) The right to give the retirement letter to any Armed Police shall be vested on the Authority.
(2) The Police Records Keeping Office shall, on the recommendation of the concerned office, give the authorization letter to receive the amount of gratuity, pension, family pension and other facility and subsistence allowance to be received by the Armed Police retired from the service.

53. Gratuity: (1) If any Armed Police personnel, who has served for five years or more but has not been eligible to pension pursuant to Rule 54, has retired or is detached from the service upon having the resignation
accepted or has been removed from the post without declaring disqualified for government service in the future, he or she shall receive the gratuity at the following rate:
(a) In the case of an Armed Police Personnel who has served from Five years to Ten years, one-half of
the last month’s salary for each year of his or her service,
(b) In the case of an Armed Police Personnel who has served for more than Ten years up to Fifteen years,
the last one months salary for each year of his or her service,
(c) In the case of an Armed Police Personnel who has served for more than Fifteen years but less than
Twenty years, the last One and half month’s salary for each year of his or her service.
(2) Notwithstanding anything contained in Sub-rule (1), no gratuity shall be paid to any Armed Police Personnel who is proved to have deceived the citizenship or age or qualifications with intention to enter into or continue to hold the government service.

54. Pension: (1) The following Armed Police Personnel having done government service for the Twenty One years or more than that period shall receive the pension from the date of retirement from service.
(2) The calculation of pension to be paid pursuant to Sub-rule
(1) shall be as follows:
(a) For gazette officers- Service period × last salary
(b) For Armed Police of non-gazetted level and below than that:
Service Period × last salary

(3) Notwithstanding anything contained in Sub-rule (2), the minimum amount of the pension shall not be less than half the amount of the basic pay scale of the incumbent Armed Police of the same post and more than of the amount of the basic pay scale of the incumbent Armed Police Personnel of the same post.
(4) If any Armed Police who has completed the service period of fifteen years dies, the required period necessary to receive the pension shall be added to his or her service period, and his or her family shall be
allowed to receive either pension or gratuity whichever the latter chooses.
(5) Any Armed Police who has been dismissed from the post held to be disqualified for any government service in the future shall not receive the pension pursuant to this Rule.

55. Increment in pension: If the salary of an incumbent Armed Police increases, Two third amount of the amount increased in the basic scale shall be added to the pension amount of the retired Armed Police of the
same post.

56. Family pension and gratuity: (1) If any Armed Police dies while in service or within Seven years of commencing to receive the pension, a gratuity or pension as provided for in Rule 53 or 54 shall be paid to his or her family or his or her minor brother or unmarried sister.   Provided that, in the case of pension, the pension shall not be
paid for a period exceeding Seven years. In the case of the Armed Police who dies within Seven years of the commencement of pension, no pension shall be paid to the family or minor brother or unmarried sister
of such Armed Police Personnel after the completion of Seven years.

(2) Notwithstanding anything contained in Sub-rule (1), if the recipient of such pension is a minor, he or she shall be entitled to receive such pension until the attainment of eighteen years. (3) If the husband or wife of an Armed Police dies while in service or before the expiry of Seven years of receiving the pension and if he or she is entitled to receive the family pension pursuant to Sub-rule
(1), he or she shall receive half the amount of pension to be received by him or her from the date of expiry of receiving such pension and if such pension is not being received or if the husband or wife of such Armed
Police dies before the expiry of Seven years of receiving such pension he or she shall receive the same from the date of death till his or her life.
(4) If the salary of any incumbent Armed Police personnel is increased, the amount of family pension of the person receiving family pension pursuant to Sub-rules (1), (2) and (3) shall also be increased at the rate of two-thirds of the total amount increased on the basis figure of the incumbent’s salary.
(5) If any Armed Police personnel dies prior to receiving any amount to which he or she is entitled under these Rules, such amount shall be paid to the person, out of his or her family members, who is
held to be entitled to the gratuity or pension according to these Rules.
(6) In providing gratuity or pension, if the deceased Armed Police has nominated any member of his or her family or his or her minor brother or unmarried sister, the same shall be provided to such person, and for any reason the same cannot be provided to such person or if nobody has been nominated, it shall be provided to such person out of
the members of his or her family as may be deemed appropriate by the Government of Nepal.

57. Disability allowance:

(1) If any Armed Police is physically or mentally handicapped for the Armed Police service as a result of
disability or injuries in an accident whilst performing his or her duty or in the course of training, such Police shall be entitled to get pension as referred to in Sub-rule (2) as the disability allowance for life for maintaining his or her livelihood, as well as to the disability allowance (grant) as referred to in Sub-rule (3).

Explanation: For the purpose of this Sub-rule, “mentally handicapped” means a person who is recommended by the medical board formed by the Government of Nepal as to be mentally  handicapped to work in the Armed Police service

(2) If the period of service of the Armed Police who has become disabled in the manner indicated in Sub-rule (1) is pensionable, such Armed Police shall be entitled to get the disability pension equal to the  amount to be calculated pursuant to Sub-rule (2) of Rule 54 on the basis the salary currently drawn by him or her (inclusive of that if he or
she has also worked as acting or officiating). If the period of service of such disabled Armed Police is not pensionable, deduction shall be made from the amount of pension proportionately for each year or part of a
year required to complete the pensionable year under the Act and the remaining amount shall be provided as pension. While so deducting the amount, it shall not be more than one-thirds of the amount.
(3) The amount of monthly disability allowance to be received in addition to the disability pension to be received by the Armed Police personnel pursuant to Sub-rule (2) for his or her disability shall be equal to Twenty per cent of the salary drawing by him/her at present. Provided that, if the Armed Police who has been receiving
disability allowance or held to receive the same re-enters any service afterward, he or she shall not receive disability allowance as referred to in this Rule but the amount already received by such Police shall not be required to be returned back.

(4) Notwithstanding anything contained in Sub-rule (1) if any Armed Police becomes disabled to work in the Armed Police Service as    a result of attack by a terrorist or explosion or sustaining injury in any accident or falling down or by any type of arms while doing duty in police action against terrorist, such Armed Police shall be promoted to
one level and retired from the service, and in such event he or she shall receive full salary up to Seven years not exceeding the period for retirement on the basis of age. After the expiry of the period of receiving such full salary, the Armed Police who has lesser service period than the period required for pension shall receive the pension in par with the period as may be sufficient to receive the pension and who has the service period more than required to receive the pension shall receive the same accordingly.
(5) The concerned Armed Police shall receive total amount to be incurred in the treatment to be made while sustaining injury pursuant to Sub-rule (1) or (4), and while paying such treatment expense it shall
not be deducted from the treatment expenses to be received pursuant to Sub-rule (1) of Rule 62.
(6) If the salary of the incumbent Armed Police of the same post increases during the period in which the facility is taken pursuant to Sub-rule (4), the same amount of increase in the basic pay shall also be increased in the salary received by the retire Armed Police.
(7) If a retired Armed Police who is receiving facility pursuant to  Rules (1), (2), (3) and (4), his or her family shall receive all such facilities as receivable by himself or herself, and shall receive the pension as referred to in Sub-rules (1) and (2) of Rule 58 after Seven years.
(8) If the salary of the incumbent Armed Police increases, the amount of disability allowance as referred to Sub-rule (3) shall also increase by the same percent as the percent of increase in the basic pay of the Armed Police of the same level.
58. Extra-ordinary family pension and gratuity: (1) If any Armed Police dies instantly during the course of implementing his or her duty or due to injury while taking training or dies due to that reason while undergoing treatment, the nearest heir of such deceased Armed Police shall be provided with the family pension equivalent to half of salary currently being withdrawn by him or her, and the following extraordinary family gratuity irrespective of the years of service completed by him or her:
(a) If he or she dies before the attainment the service period of up to Ten years, amount equivalent to the
salary of Six months currently being withdrawn by him or her,
(b) If he or she dies after the completion of service period of Ten years to Twenty years, amount
equivalent to the salary of Nine months currently being withdrawn by him or her,
(c) If he or she dies after the completion of service more than Twenty years, amount equivalent to the
salary of One year currently being withdrawn by him or her.
(2) Notwithstanding anything contained in Sub-rule (1), if any Armed Police dies immediately, or subsequently, in an explosion or attack made by an armed group or in any other kind of armed attack or explosion or while on duty to take action against any armed group or similar other group or falling down from the sloppy hilly land, in river,
stream or due to injury or any kind of arms during the course of deputation under control of the Nepal Army pursuant to Section 8 of   the Act or due to any accident during that deputation, the deceased Armed Police shall be promoted to one level after his or her death, the family of such Armed Police shall receive full salary of that promoted
post for up to Seven years not exceeding the period for retirement of such Armed police on the basis of age. After the completion of the period of receiving such full salary, if the service period in the Armed

Police Service of such deceased falls shorter than the period for getting pension the nearest family of such deceased Armed Police personnel shall receive the pension as such the period for pension is attained and if the served period exceeds the service period for pension shall receive the pension accordingly.
(2a) If the salary of the incumbent Armed Police increases while the family of the Armed Police is receiving salary pursuant to Sub-rule (2), the salary receivable by the family of the Armed Police shall also be increased accordingly.
(3) The husband or wife, father and mother of the deceased Armed Police shall receive the extra-ordinary family pension and gratuity pursuant to this Rule, for life, and in the case of son, up to the attainment of the age of Twenty years or the admission to a government service, whatever occurs earlier, and in the case of daughter up to the
attainment of the age of Twenty years or if she marriages or gets admission to a service, whichever occurs earlier.

(4) Where reliable information has been received that a Armed Police has been murdered after kidnapping him or her while on the way to and from his or her deputed station in the course of performing his or her duties or from the road or station of his duty while doing other act but his or her corpse has not been found, the facility as referred to Subrules (1) and (2) shall, on the basis of the joint report of the concerned Chief District Officer and the chief of concerned Armed Police office, be provided to the family of the murdered Armed Police.

59. Family allowance and education allowance: (1) If any Armed Police becomes disabled and could not work for life due to the incident as referred to in Rule 57, a maximum of Two offspring of such disabled Armed Police shall be provided with the monthly family allowance at  the following rate:
(a) Gazetted Officer of Armed Police -Rs. 260/-
(b) Armed Police of non-gazetted first  and second class – Rs. 124/-
(c) Armed Police of non-gazetted third and fourth class -Rs. 116/-
(d) Peon or equivalent thereto of the  Armed Police -Rs. 112/-
(2) If any Armed Police dies in an incident as referred to in Rule 58, a maximum of Two offspring of such deceased Armed Police shall  be provided with monthly family allowance at the following rate of the basic pay-scale of the post in which the deceased Armed Police has been incumbent.
Post Percent of basic pay scale
(a) Inspector General/  Additional Inspector General
of Armed Police – 6.5
(b) Deputy Inspector General /Senior Superintendent of
Armed Police – 8
16 Inserted by the Fifth Amendment.
(c) Superintendent/ Deputy Superintendent of Armed
Police – 9
(d) Inspector of Armed Police – 10
(e) Senior Sub-Inspector of Armed Police – 12
(f) Sub-Inspector/Assistant subinspector of the Armed
Police – 13
(g) Senior Constable / Constable /Sub-Constable/ Police /
Peon of Armed Police – 14
(3) The allowance as referred to in Rule (1) or (2) shall be given in the case of son, up to the attainment of the age of Twenty One years or the admission to a government service, whichever occurs first and in the case of daughter up to the attainment of the age of Twenty One years or if she marriages or gets admission to a service, whichever occurs
first.
(4) If any Armed Police dies or becomes disabled in an incident as referred to in Rule 57 or 58, a maximum of Two offspring of such disabled or deceased Armed Police shall also be provided with annual education allowance, at the following rate, in addition to the family allowance pursuant to Sub-rule (1) or (2), up to the attainment of the
age of Eighteen years. Post Education allowance
(a) Gazetted Officer of Armed Police -Rs. 2,400/-
(b) Non-gazetted Armed Police and Peon or equivalent thereto of the Armed Police – Rs. 1,800/-
1759A. Equal facility to be provided:

(1) If any Armed Police is disabled or dies as a result of a situation as referred to in Sub-rule (4) of Rule 57 or
Sub-rule (2) of Rule 58 after 9th Magha of 2057, such a Armed Police or his or her family shall be entitled to get the facilities set forth in Rules 55, 56, 57, 58 and 59 as mentioned in these Rules on equal footing, without duplication.
(2) In providing the facilities pursuant to Sub-rule (1), the amount received earlier as a facility shall be deducted and the remaining amount only shall be provided.
1859B. Only one family pension is receivable: Notwithstanding anything contained elsewhere in these Rules, only one family pension, out of the family pensions receivable pursuant to Rule 56 or 57 or 58, shall be provided to the family of any Armed Police.

60. Provision of committee: If any Armed Police becomes disabled or dies in an incident as referred to in Rule 57 or 58, the following committees shall be constituted to recommend for providing allowances r gratuity to be received by the nearest family or offspring of such Armed Police:
(a) In case of Gazetted Armed Police,-
(1) Representative, Ministry of Home Affairs -Chairperson
17 Inserted by the Fifth Amendment.
18 Inserted by the Fifth Amendment.

(2) Representative, Ministry of Finance -Member

(3) Representative, Police Headquarters -Member
(4) Medical Representative, Headquarters -Member
(b) In case of non-gazetted and classless Armed Police working in the Kathmandu Valley,-
(1) Chief District Officer, Kathmandu – Chairperson
(2) Representative, Mid Regional Treasury Directorate – Member
(3) Representative, Headquarters – Member
(4) Medical Representative, Birendra Police Hospital – Member
(c) In case of non-gazetted and classless Armed Police, working out of the Kathmandu Valley,-
(1) Chief District Officer of the concerned District – Chairperson
(2) Representative of the Fund and Accounts controller’s office of the concerned District – Member
(3) Chief of office where the concerned Armed Police is working or
representative designated by the chief of office – Member
(4) Medical representative of hospital or health centre of the concerned District – Member
19Explanation: For the purpose of this Rule, the grounds  for the determination of the percentage of disability shall
be as follows:
(a) From Eighty to cent percent disability means the loss of both eyes or loss of both legs or
loss of both hands or loss of one leg, one hand or non-movement of the whole body, (b) From Sixty to Seventy Nine percent disability means the non-movement of partial body so that no function can be
performed or loss of one eye or loss of one hand or loss of one leg,
(c) From Forty to Fifty nine percent disability means the situation where voice is not clear unusually or where body movement is unsmooth or it appears unsuitable to serve in the Armed Police Service because of physical appearance, speech, movement despite that all parts of the body seem to be fit,
(d) The medical board shall have the power to determine the percentage of the other disability other than the above
categorization.

61. Count of service period:

(1) In counting the service period for the purpose of this Chapter, the total period of service rendered upon being
19 Inserted by the Fifth Amendment. appointed permanently to the post of Armed Police, Nepal Army or
other post or police service (if disconnected between periods, by deducting such disconnected period) shall be calculated.
(2) Notwithstanding anything contained in Sub-rule (1), if any person having already received the gratuity receives appointment to the Armed Police Service or post, his or her service rendered previously shall be counted only if he or she returns the amount of gratuity  received by him or her.
(3) The period of suspension shall also be counted while counting the service period pursuant to Sub-rule (1).

62. Medical treatment expenses:

(1) Every Armed Police, during his or her entire service period shall receive the current salary amount of
equivalent to Twelve months in the case of Gazetted level Armed Police, Eighteen months salary in the case of Non-Gazetted first class Armed Police and Twenty One month’s salary in the case of other nongazetted and classless Armed Police for medical treatment expenses.
(2) If any Armed Police or member of his or her family becomes sick, the following expenses expended as follows shall be given not exceeding the amount to be received pursuant to Sub-rule (1):
(a) The fee for medical checkup carried out by a  recognized doctor for treatment and the expenditure on medicines purchased as per the prescription upon the examination,
(b) The expenditure as per the bill for the admission and treatment in any health institution,
(c) The expenditure amount as recommended by the concerned chief of office, in the case of chief of office, by the chief of the senior office and in the case of Inspector General of the Armed Police by the Secretary of the Ministry of Home Affairs for    the treatment, where hospital and recognized    doctor are not available,.
(d) The expenditure as per the bill for all kinds of surgical operations except plastic surgery,
(e) While getting medical treatment by going abroad or another district leaving own home or rented house,
full amount of travel allowance to reach and return back from such place and in the case, where the attendant is needed, for upto one attendant and for food expenditure, Seventy Five per cent of the daily allowance to be received by such Armed Police as  per the rules.
Explanation: For the purpose of this Sub-rule, recognized doctor means and also includes a doctor, Kaviraj, Health Assistant and Vaidya working in the governmental service or registered as a doctor as per the prevailing law
(3) If any Armed Police gets injury in connection with the governmental work and the medical board constituted by the  Government of Nepal declares that the treatment of such injury is not possible within Nepal and if such Armed Police recommended by the board desires to do treatment by going abroad, the Government of Nepal
may, in addition to the medical expenses to be received by such Armed Police pursuant to Sub-rule (1), give such additional financial assistance as it deems reasonable.
(4) If any Armed Police desires to receive the medical treatment expenses to be received pursuant to these Rules, in advance, and if the reason thereof seems to be reasonable, advance amount may be given subject to this Rule, on the condition of settlement of amount subsequently. If the amount so given is more than the amount to be
received for the treatment, the amount so exceeded shall be deducted from the salary of the concerned Armed Police by installments. If the concerned Armed Police personnel or the member of his family dies before re-payment of such amount so deducted, the amount so remaining to deduct shall be remitted.
(5) Departmental action shall be taken against any Armed Police demanding or receiving the treatment expense pursuant to this Rule by furnishing false statement, including the recognized doctor certifying such false statement (if he or she is an employee).
(6) Except dismissed from the service held to be disqualified for any government service in the future, any Armed Police, having detached from the service in other condition, and if any remaining amount is due to be received out of the medical treatment allowance to be received during the service period pursuant to this Rule, shall receive
lump sum of such remaining amount.
(7) Any Armed Police having detached from the service after completion the service period of Twenty years, Twenty five years or   more shall receive lump sum amount by adding Ten, Fifteen and Twenty per cent respectively to the remaining amount.
(8) Except where any Armed Police has been dismissed held to be disqualified for government service in the future before the attainment of ten years of service, if any Armed Police has been relieved of the service in any other manner, the medical treatment expense shall be given proportionately pursuant to this Rule by considering the ten
years service period.
(9) Except in doing treatment getting admitted to any health institution or going abroad pursuant to this Rule, no Armed Police shall be given an amount more than the salary of one and half month in one year for him or her and his or her family for medical treatment.
(10) The Office maintaining the details of medical treatment expense received by an Armed Police pursuant to this Rule shall have to send maintain the personal details of the Armed Police and also send the same to the Police Records Keeping Office.

(11) If the District Health Centre recommends that the Armed Police and his or her family living in the remote area are in danger due to the fact that the treatment of the disease from which an Armed Police or his or her family is being suffered is not possible in the local Health Centre, the Government of Nepal shall give the travel expense to and from the place where there is the treatment facility.

63. To mention salary:

(1) The salary wherever mentioned in this Chapter and Chapter 6 shall mean the salary amount currently being withdrawn (including grade) by the concerned Armed Police.
(2) For the purposes of Rule 53 and 54 ‘last salary’ shall mean the salary of an Armed Police to be received at the time of retirement and if any Armed Police is in suspension at the time of his or her retirement, full salary shall be calculated for such period too.

2063A. Alteration in terms of service and facilities: No alteration shall be made in the salary, gratuity, pension and similar other facility related 20 Inserted by the Fifth Amendment.
terms of service of any Armed Police that exist at the time of his or her appointment in a manner to be disadvantageous to him or her.

2. Definition

2. Definition:

Unless the subject or the context otherwise requires, in this Order,
(a) “Chairperson” means Chairperson of the Board.
(b) “Executive Director” means Executive Director as referred to in Section 6.
(c) “Ministry” means Ministry for Tourism and Civil Aviation.
(d) “Birat Area” means the area of the Morang, Sunsari and Jhapa districts.
(e) “Member” means the member of the Board, and this term also includes the Chairperson and member- secretary          of the Board.
(f) “Board” means Birat Area Tourism Promotion Development Board formed pursuant to Section 3.

3. Formation of the Board

3. Formation of the Board:

(1) A Board to be named as the Birat Area
Tourism Promotion Development Board is, hereby, formed in order to develop Birat area as a tourism business area.
(2) The Board shall be formed as following:
(a) A person nominated by the Government of Nepal from amongst the person who
is permanently residing at Birat area -Chairperson
(b) Chief District Officers of the District Administration Office of the Birat area -Member
(c) Chairpersons of the District Development Committee of the Birat area -Member
(d) Mayors of the Municipalities of the Birat area -Member
(e) District level representative of the Nepal Commerce and Industry Association of the Birat area -Member
(f) Three persons nominated by the Ministry from amongst tourism entrepreneur, social worker or renowned                    person with the representation of each district of the Birat area along with One women-Member
(g) Executive Director -Member Secretary
(3) Notwithstanding anything contained in Clauses (b), (c), (d) and (e) of Sub-section (2), the Chief District Officers, Chairpersons of the District Development Committee, Mayors of the Municipality and representative of the Nepal Commerce and Industry Associations shall function as the member of the Board in one year term on rotational basis as designated by the Ministry from amongst the representatives represented from various districts as per said Clauses.
(4) The tenure of office of the chairperson and nominated members shall be Four years.
(5) Notwithstanding anything contained in Sub-section (4), if Chairperson or nominated member does not perform his/her function (duty) as per his/her post, Government of Nepal may remove at any time. Provided that, an opportunity to defend himself/herself shall be provided to such member before removal of his/her post.

4. Functions, duties and powers of the Board

4. Functions, duties and powers of the Board:

(1) The Board shall have following Functions, Duties and Powers:
(a) To formulate necessary policy on natural, social, cultural, environmental aspects and protection promotion                   of bio-diversity for the tourism development in the Birat area,
(b) To identify the potential touristic spot in the Birat area and prepare various plans and programmes of                             tourism development and implement or cause to implement such plans and programmes,
(c) To collect the details of cultural and natural heritage in the Birat area,
(d) To make necessary study and research regarding the tourism development in the Birat area,
(e) To identify the Birat area as an attractive and reliable touristic place within the country and abroad by                            making sustainable development and expansion of tourism enterprises in the Birat area,
(f) To develop and diversify the tourism activities relating to health, wildlife, agriculture, sports, entertainment                 and cultural tourism in the Birat area,
(g) To operate or cause to operate various programmes to increase interest of tourist regarding art and culture                    in the Birat area,
(h) To give priority to youth, woman, aadibasi, janjati, dalit and backward group/class in the employment                             training and skill development programme relating to tourism,
(i) To minimize the rural poverty by the means of community based tourism development,
(j) To make tourism service accessible and qualitative by using modern information technology and tools,
(k) To build and operate or cause to operate residential home, canteen etc. which may show art, culture and life                 of the Birat area,
(l) To make necessary measures to minimize negative effects on culture, environment and bio-diversity while                     operating tourism related activities,
(m) To make and implement or cause to implement necessary planning to mitigate/avoid pollution in lake, pond,                river etc. in the Birat area,
(n) To develop internal tourism by encouraging citizens of other area of the country to visit in the Birat area,
(o) To make infrastructure for trekking (padyatra) for the internal and
external tourist by identifying probable trekking in the Birat area,
(p) To co-ordinate or cause to co-ordinate between governmental and non-governmental organisations for the                   tourism development in the Birat area,
(q) To carry out or cause to carry out other necessary functions to fulfill the objectives of the Board.

Chapter- 8 Conduct

Chapter- 8 Conduct

64. To maintain time and regularity:

(1) Every Armed Police shall haveto be in duty in time as prescribed by the Government of Nepal
regularly and not become absent without getting approval of leave in advance to the possible extent.
(2) No Armed Police shall leave the area of his or her deputation without permission of the competent authority.

65. Discipline and obedience:

(1) The Armed Police shall have to discharge their duty with discipline and diligence.
(2) The Armed Police shall have to obey the command given by the senior officers on the matters of one’s duty promptly.
(3) The Armed Police shall have to show reasonable respect towards all Armed Police senior to them.

66. Not to take part in politics: The Armed Police shall not become a member of any political organization, take part in politics, give donation for the assistance of political organization or make influence in any manner, on any political institution or movement.

67. Restriction on criticizing the Government:

(1) No Armed Police Personnel shall, on his or her real or fictitious name or anonymously, publish any feature article, provided any news to the press, make any public speech by radio or television etc., give any public speech or
lecture which is contrary to the policies of the Government of Nepal or which may undermine the mutual relationship of the Government of Nepal with the public or with any foreign nation.
(2) Notwithstanding anything contained in Sub-rule (1), there shall be no restriction to publish an article or make broadcast which is not contrary to the prevailing laws and policies of the Government of Nepal.

68. Restriction on publishing any news relating to governmental functions: No Armed Police shall, without being authorized by the Government of Nepal, inform or divulge directly or indirectly, to any other unauthorized Armed Police personnel or non-governmental person or press about any confidential matter which was known to him
or her in the course of performance of the governmental duty or about any matter prohibited by law This restriction shall continue to be applicable also to the person irrespective that he is no more in the government service for any reason whatsoever.

69. Restriction on receiving gift, present, donation etc. and loan (borrowing): (1) No Armed Police shall, without prior approval of the Government of Nepal, accept gift, present or gratification of any kind either by himself or herself or through any member of his or her family, or ask for donation or borrow any loan from any person concerned with any governmental work.
(2) If any Armed Police happens to receive any present from any foreign government or any representative of such foreign government, he or she shall inform the Government of Nepal about it and shall act according to the order received thereon.

70. Restriction on establishing and operation of a company and carrying on trade or profession: (1) No Armed Police shall, without prior approval of the Government of Nepal, carry out the following acts:
(a) To participate in establishment, registration or operation of any bank or company,
(b) To carry on any trade or profession requiring registration according to the prevailing laws,
(c) To accept any kind of employment elsewhere.
(2) Notwithstanding anything contained in Sub-rule (1), an Armed Police Personnel may carry out any literary, scientific artistic or humanitarian cooperative works without contravening the policies of
Government of Nepal.

71. Restriction on taking part in election: No Armed Police shall take part in an election for any political post nor solicit vote for any one, nor exercise influence of any kind in the election. Provided that, this shall not bar to exercise his or her right to vote conferred under the prevailing laws, without revealing whom he or she has voted or intends to vote for.

72. Restriction on demonstration and strike: No Armed Police shall perform an agitation, participate in a strike or entice anyone to perform such act in a manner to undermine the sovereignty and integrity of Nepal, the law and order situation or the external relations, or public decency or the provoke contempt of court, or to disseminate communal hatred or to harbor any crime.

73. Restriction on staging strike, detention and Gherao: No Armed Police shall stage any strike or pen-down action and exert any pressure inflicting physical or mental torture or entice other persons to commit such acts, in a manner to cause hindrance or obstruction to any office or officer on the performance of his or her duty required by the law.

74. Restriction on making representation: No Armed Police shall make representation on behalf of any person or group, except to petition to the concerned body or official either by himself or herself or through his or her attorney in respect of any grievance caused to him or her.

75. Description of property:

(1) Any transferee Armed Police according  to the Act and newly appointed Armed Police shall have to submit the
details of the following property to the authority prescribed by the Government of Nepal within Three months of assuming the office through transfer and within One month of appointment, respectively:
(a) details of each and every immovable property, share and bank balance in his or her name or in the name of
his or her family member,
(b) approximate value of cash, jewelry, gold and silver laid with him or her or in his or her name.
(2) In submitting description as referred to in Sub-rule (1), any Armed Police who has been living in the joint family shall have to submit the description of property held with him or her and laid in the
name of the head of the family.
(3) It shall be the duty of each Armed Police to give a notice to the authority of any alteration in his or her property within Three months of such alteration.
76. To maintain the conduct according to the service or post: Every Armed Police shall have to maintain the conduct according to his or her service and post.
77. Not to make influence: In order to make feasible the interest relating to the service, no Armed Police shall cause or attempt to cause any political, undesirable, external or undue influence or pressure on the officers senior to him or her.
78. Prohibition on purchasing immovable property without giving prior notice: No Armed Police shall purchase any immovable property, except that required for his or her residence, in his or her own name or   in the name of his or her family without giving prior notice to the Government of Nepal.

79. Not to contact with radio or newspapers: No Armed Police shall publish any article in his or her real, nickname or with anonymity in any newspaper or magazine or to broadcast from radio without obtaining approval of the Government of Nepal. Provided that, no such approval shall be required, if such publication or broadcast is in literary, artistic, historical or scientific and professional subject.

80. Clearance of any act and action done by Armed Police: No Armed Police shall take support of press or media for any false accusation made against him or her in relation to the performance of his or duties, without obtaining prior approval of the Government of Nepal. Provided that, this Rule shall not restrict any right to give clearance regarding any personal act or character of any Armed Police.
81. Restriction on marriage: No Armed Police shall conclude or cause to  be concluded polygamy, child marriage or unmatched marriage in contravention of the Chapter of Marriage of the Muluki Ain (Country
Code).
82. Not to cause loss or damage: No loss or damage shall be caused to the governmental offices by any Armed Police by doing any act recklessly or without being disciplined or erroneously with knowledge.

5. Meetings of the Board

5. Meetings of the Board:

(1) A meeting of the Board shall be held at least at once in every Three months.
(2) The meeting of the Board shall be held on such date and time at the Board office as specified by the Chairperson.
(3) The member secretary of the Board shall provide notice of the meeting at least Fifteen days earlier of the meeting to the member.
(4) The presence of more than fifty percent members of the total number of members of the Board shall be deemed to constitute a quorum for a meeting of the Board.
(5) The meeting of the Board shall be presided over by the Chairperson of the Board and by the person selected by the members from amongst themselves in the absence of the Chairperson.
(6) The majority opinion shall prevail at the meeting of the Board; and in the event of a tie, the person presiding over the meeting shall exercise the casting vote.
(7) The Board may invite any official or expert in the meeting of the Board.
(8) The decisions of the Board shall be authenticated by the membersecretary of the Board.
(9) Other Rules of procedures relating to the meeting of the Board shall be as determined by the Board itself.

7. Employee of the Board

7. Employee of the Board:

(1) The employees of the Tourism Office within the area of the Board shall work as the employee of the Board.
(2) The Board may appoint employee on contract with the prior approval of Government of Nepal as per necessity.
(3) No appointment of the employee shall be made or remuneration and allowances shall be increased of the employee appointed in the Board without the prior approval of Government of Nepal.

8. Fund of the Board

8. Fund of the Board:

(1) The Board shall have own separate fund for itsfunction and the following amounts shall be deposited in such fund:
(a) Amount received from the Government of Nepal,
(b) Amount received as donation or assistance from any person or institution,
(c) Amount received as loan or donation from international organization, institution, foreign government or                      person,
(d) Amounts received from services provided by the Board, or
(e) Amount received from other any sources.
(2) The Board shall have to take prior approval of the Government of Nepal before receiving the amount pursuant to Clause (c) of Sub-section (1).(3) The Board shall have to deposit the amount to be credited in the Fund pursuant to Sub-section (1) in any commercial bank within Nepal by opening an account.
(4) All the expenditures to be expended in the name of the Board shall be borne from the Fund pursuant to Sub-section (1).
(5) The Fund of the Board shall be operated with the joint signature of Executive Director and an employee working in the accounts.

9. Account and Audit

9. Account and Audit:

(1) The accounts of the incomes and expenditures of the Board shall be maintained in accordance with the method followed by the Government of Nepal.
(2) The internal audit of the account of the Board shall be audited by the person designated by the Board.
(3) The final audit of the Board shall be carried out by the Auditor General or auditor designated by the Auditor General.
(4) The Government of Nepal may inspect or cause to inspect the accounts of income and expenditure, cash, commodity or other any document of the Board at any time.

10. May form Sub-Committee or Working Team

10. May form Sub-Committee or Working Team:

(1) The Board may, form necessary Sub-Committee or Working Team to carry out or cause to carry out the functions smoothly to be performed by it under this Order.
(2) The functions, duties, powers and procedures of the SubCommittee or Working Team to be formed pursuant to Sub-section (1) shall be as prescribed by the Board.